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Significance of Panchayati Raj Institutions

CREDIT: IndiaToday

One of the primary goals of Panchayati Raj is rural development, which has been implemented in all of India's states with the exception of Nagaland, Meghalaya, and Mizoram, as well as all of the Union Territories with the exception of Delhi and a few other places.


These domains consist of:

  1. The states' scheduled areas and tribal areas

  2. The Manipur hill region, which has a district council, and

  3. the West Bengali district of Darjeeling, which is home to the Darjeeling Gorkha Hill Council


Evolution of Panchayati Raj

India's Panchayati system is not just a post-independence invention. The village panchayat has actually been the main political entity in rural India for decades. Panchayats were typically elected bodies with both executive and judicial authority in ancient India. The significance of the village panchayats had been diminished by foreign rule, particularly that of the Mughals and the British, as well as by organic and imposed socioeconomic transformations. However, prior to independence, the panchayats served as tools for the upper castes' domination over the lower castes, deepening the division along socioeconomic lines or along caste lines.


Nonetheless, the Panchayati Raj System's development gained momentum with the country's independence and the Constitution's formulation. "The state shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government," states Article 40 of the Indian Constitution.


The Indian government established several committees to examine the implementation of rural self-governance and suggest strategies for accomplishing this objective.


The following committees have been appointed:

  • Board of Balwant Rai Mehta

  • Mehta Committee Ashok

  • Committee on G.V.K. Rao

  • Committee of L. M. Singhvi


Mehta Committee of Balwant Rai and Panchayati Raj

The group was established in 1957 with the goal of analyzing and making recommendations for improving the National Extension Service and the Community Development Program. The Panchayati Raj, a democratic decentralized local administration, was proposed by the committee for establishment.


The Committee's recommendations:


  • Panchayati Raj system consisting of three tiers: Zila Parishad, Panchayat Samiti, and Gram Panchayat.

  • Indirectly elected representatives make up the Panchayat Samiti and Zila Parishad, and directly elected representatives make up the gram panchayat.

  • Planning and development are the Panchayati Raj system's main goals.

  • Zila Parishad will serve as the advising and supervising body, and Panchayat Samiti as the executive body.

  • To become the chairman of the Zila Parishad is the District Collector.

  • Additionally, it asked for the allocation of resources to support them in carrying out their obligations.

The Balwant Rai Mehta Committee advised that Panchayati Raj institutions can play a significant role in community development programs across the nation, thus revitalizing the growth of panchayats in the nation. Thus, the goal of the Panchayats was to achieve democratic decentralization by enabling effective local participation through carefully thought-out programs. Even Pandit Jawaharlal Nehru, the country's prime minister at the time, supported the panchayat system by stating that "people in the villages must be given authority and power." Let's grant the panchayats authority.


Committee on Ashok Mehta and Panchayati Raj

The committee was established in 1977 with the goal of making recommendations on ways to improve and sustain India's deteriorating Panchayati Raj system.

The main suggestions are as follows:


  • A two-tier system consisting of the Mandal Panchayat (a group of villages) and the Zila Parishad (district level) should take the place of the current three-tier structure.

  • After the state level, the district level is the first level of supervision.

  • The executive body in charge of district-level planning ought to be the Zila Parishad.

  • To mobilize their own financial resources, the Mandal Panchayat and Zila Parishad should be granted the authority to impose mandatory taxes.

Committee of G V K Rao and Panchayati Raj

The Planning Commission appointed the group in 1985. It acknowledged that bureaucratization prevented growth from occurring at the local level, leading to the characterization of Panchayat Raj institutions as "grass without roots." As a result, it provided the following important recommendations:


  • The Zila Parishad was deemed the principal entity within the democratic decentralization framework. The main organization in charge of overseeing the district-level development initiatives is the Zila Parishad.

  • The district and the lower tiers of the Panchayati Raj hierarchy will be tasked with particular designing, carrying out, and overseeing the programs for rural development.

  • A new position called District Development Commissioner is planned. He is going to lead the Zila Parishad as its CEO.

  • Regular elections should be conducted for Panchayati Raj system levels.


Committee L M Singhvi & Panchayati Raj


The primary goal of the committee, which the Indian government created in 1986, was to make recommendations for how to revitalize the Panchayati Raj systems for democracy and development. The committee recommended the following actions:


  • The committee suggested that the Panchayati Raj systems be recognized under the constitution. Additionally, it suggested adding language to the constitution that would recognize free and fair elections for the Panchayati Raj institutions.

  • The committee suggested village restructuring in order to increase the viability of the gram panchayat.

  • It was suggested that local panchayats be given greater funding to support their operations.

  • Every state will establish judicial tribunals to handle disputes pertaining to Panchayati Raj elections and other issues affecting the institutions' operation.

All of these factors support the claim that panchayats can effectively identify and resolve local issues, involve village residents in developmental initiatives, enhance communication between various political levels, foster leadership qualities, and, in general, support basic state development without requiring significant structural adjustments. In 1959, the first two states to implement Panchayati raj were Rajasthan and Andhra Pradesh; other states soon followed.


There are several characteristics that are shared by all states, notwithstanding their differences. For instance, most states have formalized a three-tier structure that consists of panchayats at the village level, panchayat samitis at the block level, and zila parishads at the district level. The 73rd Constitution Amendment for rural local bodies (panchayats) and the 74th Constitution Amendment for urban local bodies (municipalities) made them "institutions of self-government" thanks to the persistent efforts of civil society organizations, thinkers, and progressive political leaders. All of the states passed their own legislation in accordance with the revised constitutional requirements within a year.


The 1992 73rd Constitutional Amendment Act: Its Significance


  • The Eleventh Schedule, which includes the 29 operational components of the panchayats, and Part IX of the Constitution, "The Panchayats," were also included by the Act.

  • Article 243 through Article 243 O are found in Part IX of the Constitution.

  • The Amendment Act gives the Constitution's Article 40—which outlines the "directive principles of state policy"—form. It instructs the state to establish village panchayats and grant them the necessary authority and abilities to function as self-governing bodies.

  • The Act requires governments to implement Panchayati Raj systems and brings them under the ambit of the Constitution's justiciable clause. Furthermore, the Panchayati Raj institutions' election process would take place without interference from the state government.

  • There are two sections to the Act: required and optional. State legislation must contain mandatory provisions, which includes establishing the new Panchayati Raj systems. Conversely, the state government retains control over voluntary provisions.

  • The Act is a critical step toward the establishment of democratic institutions throughout the nation. Participatory democracy has replaced representative democracy as a result of the Act.


Important Aspects of the Act


  • The main governing body of the Panchayati Raj system is the Gram Sabha. Every voter in the panchayat's boundaries who is registered to vote participates in the village assembly. It will carry out tasks and wield authority as assigned by the state legislature. On the government website.

  • Three-tier system: The Act calls for the creation of the state-level Panchayati Raj systems in the villages, intermediate levels, and districts. States having fewer than 20 lakh inhabitants might not be considered intermediate.

  • Election of members and chairperson: The state government selects the chairperson at the village level, while members at all Panchayati Raj levels are elected directly. Chairpersons at the intermediate and district levels are elected indirectly from the elected members.

  • Voting at Panchayat meetings is permitted for the Chairperson of a Panchayat and other members, whether or not they were chosen directly from territorial constituencies within the Panchayat region.

Seat reservations:

  • In accordance with the population percentage of SC and ST, reservations shall be made at all three tiers.

  • For women: a minimum of one-third of all seats must be set aside for them, and a minimum of one-third of all positions for panchayat chairs across all tiers must be designated for women.

  • The ability to reserve seats for members of underrepresented classes in panchayats at all levels and in chairperson positions is also granted to state legislatures.


Panchayat duration:

The Act stipulates that all panchayat levels will have five-year terms of office. The panchayat may, however, be dissolved before to the end of its tenure. However, new elections to form the new panchayat must be held

  • before the end of its five-year term.

  • in the event of a dissolution, prior to the passing of six months following the date of the dissolution.


Disqualification:

  • If an individual is disqualified under any current legislation for the purpose of elections to the state legislature in question, they will not be eligible to be elected to or serve as a member of a panchayat.

  • under any state legislation passed by the legislature. However, if an individual has reached the age of 21, they cannot be rejected on the grounds that they are younger than 25.

  • Additionally, any inquiries for disqualification must be directed to a body chosen by the state legislatures.


State election commission:

  • The body oversees, directs, and controls the process of creating electoral rolls and holding panchayat elections.

  • The state legislature has the authority to enact laws pertaining to any topic associated with panchayat elections.

Functions and Powers:

  • The Panchayats may be granted by the state legislature the authority and powers required for them to carry out their role as institutions of self-government. Such a plan might include clauses pertaining to the work of Gram Panchayats in relation to.

  • creating plans for social justice and economic development; carrying out plans for social justice and economic development that might be assigned to them, including those concerning the 29 items on the Eleventh Schedule.


Finances

  • A panchayat may be authorized by the state legislature to impose, collect, and allocate taxes, charges, tolls, and fees.

  • Assign all taxes, duties, tolls, or other fees that the state government imposes and collects to a panchayat.

  • Make provisions for the panchayats to receive grants-in-aid from the state's consolidated fund.

  • Make arrangements for the creation of monies to be credited to all panchayat funds.


Finance Commission:

  • The state finance commission examines the panchayats' financial standing and makes suggestions for the actions that should be taken to increase the panchayat's resource base.


Audit of Accounts:

  • The state legislature has the authority to establish guidelines for the upkeep and examination of panchayat accounts.


Application to Union Territories:

  • With the exceptions and adjustments that he designates, the President may order that the Act's provisions be applied to any union territory.


States and areas excluded:

The states of Nagaland, Meghalaya, and Mizoram, as well as a few additional areas, are not covered by the Act. These domains consist of,

  • The states' scheduled areas and tribal areas

  • Manipur's hill country, where a district council is in place

  • the West Bengal district of Darjeeling, which is home to the Darjeeling Gorkha Hill Council.

  • Nonetheless, subject to the exclusion and modification it outlines, Parliament may expand this section to include these sectors. As a result, the PESA Act was passed.


Survival of current law:

  • Until the one-year anniversary of the enactment of this Act, all state legislation pertaining to panchayats shall remain in effect. Put another way, the states have a maximum of one year from the date of this Act's start, which was April 24, 1993, to embrace the new Panchayati raj system based on it. Nevertheless, until the state legislature dissolves them earlier, every Panchayat that was in existence prior to the Act's implementation will remain in place until the end of their tenure.


Court interference prohibited:

  • The Act forbids the courts from becoming involved in panchayat elections. It states that no court may challenge the legality of any legislation pertaining to the creation of constituencies or the distribution of seats among them. It also specifies that an election petition submitted to the appropriate body and in the way prescribed by the state legislature is the only way to challenge an election held by a panchayat.


PESA Act of 1996

The locations listed in the Fifth Schedule are exempt from Part IX's regulations. This Part may be expanded by the Parliament, subject to the changes and exclusions it deems necessary. The Panchayats (Extension to the Scheduled Areas) Act, also referred to as the PESA Act or the extension act, was passed by Parliament in accordance with these provisions.


PESA Act's goals are:

  • to include the scheduled regions in Part IX's provisions.

  • to grant the tribal populace self-rule.

  • to establish participatory democracy in village governance.

  • to develop traditional practices-based participatory government.

  • to protect and maintain the indigenous population's traditions and customs.

  • giving panchayats authority in accordance with tribal needs.

  • to stop higher level panchayats from taking on the authority and powers of lower level panchayats.

Functions of Panchayati Raj Institutions:

1. Local Self-Governance:

PRIs are the bedrock of local self-governance, empowering communities to make decisions that directly affect their lives. as it reflects the broader philosophy of democracy in India.


2. Social Justice and Inclusive Development:

PRIs play a pivotal role in ensuring social justice and inclusive development. They act as instruments for the equitable distribution of resources and opportunities, particularly in marginalized and rural areas.


3. Resource Allocation and Planning:

Through the process of decentralized planning, PRIs are involved in the allocation of funds and resources for local development projects. It has its nuances of financial devolution and its impact on grassroots development.


Challenges Faced by Panchayati Raj:

While the concept of Panchayati Raj is visionary, it faces several challenges:

1. Financial Autonomy:

Many PRIs struggle with limited financial autonomy, inhibiting their ability to implement and sustain development projects.


2. Capacity Building:

Effective governance requires capable leaders. Understanding the challenges related to capacity building at the local level is essential for aspirants aiming to contribute to policy solutions.


3. Women's Participation:

Despite reservations, women's participation in PRIs remains a challenge. the barriers hindering women's active involvement and potential strategies to address this issue.


Conclusion:

For UPSC aspirants, a comprehensive understanding of Panchayati Raj Institutions is not just a matter of academic curiosity; it is a necessity. The ability to analyze the role of PRIs in local governance, address their challenges, and propose viable solutions is crucial for any future administrator. As you prepare for the UPSC examination, remember that your knowledge of Panchayati Raj is not just a feather in your cap but a commitment to the democratic ethos that shapes the diverse fabric of our nation.


Note for UPSC Aspirants:

For UPSC aspirants interested in exploring further, here are some keywords to guide your research:Panchayati Raj,local self-governance, 73rd Amendment Act, three-tier system, inclusive development, decentralized governance, financial autonomy, women's participation, democracy's ethos.

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