BASIC
STRUCTURE OF PANCHAYATI RAJ SYSTEM
73rd Amendment to the Constitution
We will now have a
look at the basic structure of the Panchayati Raj system in line with the 73rd
amendment to the Constitution. Some of the provisions of the new Act are
mandatory in nature, which are to be followed by all the states. Some other
provisions are discretionary in nature where the states are given some choice in their
implementation.
Mandatory Provisions
Constitution of Panchayats
According to the Central Act, there shall be a
three-tier system of Panchayats in all states: at the village, intermediate and
district levels. However, in states having a population of less than 20 lakh,
the intermediate level may not be constituted.
Composition of Panchayats
All the seats in a panchayat shall be filled by
persons chosen by direct election from territorial constituencies in the
panchayat area. Such elections shall be conducted under the supervision,
control and direction of the State Election Commission, comprising the State
Election Commissioner appointed by the state government.
The Chairperson of the Panchayat at the
intermediate level shall be indirectly elected by and
from amongst the elected members of the Panchayats.
Reservation of Seats
Seats shall be reserved for both scheduled castes
and scheduled tribes in every panchayat. The number of such seats shall be, as
far as possible, in proportion with the percentage of their population to the
total population. Such seats may be allotted by rotation to different
constituencies in a panchayat. Again, one-third of these reserved seats will be
further reserved for women from these castes and tribes. Similarly, in case of
general seats also, one-third of them shall be reserved for women belonging to
any class or category. Such seats will also be allotted by rotation to
different constituencies in a panchayat. Such reservations will also apply to
the offices of chairpersons on a rotation basis.
Duration of Panchayats
A Panchayat shall have a term of five years and if
it is dissolved for any reason, fresh elections shall be held within six months
from the date of such dissolution. In case the remainder of the period is less
than six months, it shall not be necessary to hold any election for
constituting the panchayat for such period. A panchayat constituted following
the dissolution of its predecessor as above, shall continue only for the
remainder of the period for which the dissolved panchayat would have continued.
State Finance Commission
The Governor of a state is to constitute a State
Finance Commission within one year of the Act coming into force and thereafter
every fifth year. The Commission is to review the financial position of the
panchayats and make recommendations to the Governor in the following respects:
a) the principles which should govern –
i) the
distribution of the proceeds of the taxes, duties, tolls, fees levied by the
state between itself and the panchayats and the allocation among the panchayats
at all levels their respective shares of such proceeds;
ii) the
determination of the taxes, tolls, duties and fees which may be assigned to or
appropriated by the panchayats;
iii) the
grants-in-aid to panchayats from the Consolidated Fund of the states; b) the measures needed to improve the financial
position of the panchayats; and
c) any other
matter referred to the Finance Commission by the Governor in the interest of
sound finance of the panchayats.
The Central Finance Commission is also required to
make recommendations to the President as to the measures needed to augment the
Consolidated Fund of a state to supplement the resources of the panchayats in
the state on the basis of the recommendations made by the State Finance
Commission.
District Planning Committee
The provision for constituting the District
Planning Committee was made under the Constitution (74th) Amendment Act, 1992.
Accordingly, there shall be a District Planning Committee at the district level
to consolidate the plans prepared by the panchayats and
municipalities and to prepare a draft development
plan for the district as a whole.
Discretionary Provisions
The subject Panchayati Raj institutions belongs to
the State List in the Indian federal system.
Therefore, the Central Act has left a large area
for the state legislatures to fill in. Suitable provisions were to be made in
the Acts passed by them for the purpose, keeping in mind the overall objectives
spelt out in the Central Act. Such discretionary provisions are listed below:
1. Nomenclature of the panchayats at different
levels.
2. Nomenclature of the chairpersons at different
levels.
3. Size in terms of population and area for
determination of panchayats at village and intermediate levels.
4. Powers and functions of the Gramsabha.
5. Composition of the panchayats at different
levels: Provided that the ratio between the population of the territorial area
of a panchayat at any level and the number of seats in such panchayat to be
filled by election shall, so far as practicable, be the same throughout the
state.
6. To provide or not for the representation of:
a) the chairpersons of village panchayats in the
panchayats at the intermediate level, and of the intermediate level panchayats
at the district-level panchayat;
b) the members of the Lok Sabha and the members of
the state legislative assembly representing constituencies that comprise wholly
or partly a panchayat area at levels other than the village level;
c) the members of the Rajya Sabha and the members
of the state legislative council where they are registered as electors.
7. The mode of election of the chairperson of a
panchayat at the village level.
8. The manner in which the seats of the members of
the panchayats at different levels shall be reserved for scheduled
castes/tribes and women, provided that the number of seats shall be allotted by
rotation to different panchayats at each level.
9. The manner in
which the offices of the chairpersons at different levels shall be reserved for
scheduled castes/tribes and women. Provided thatthe number of offices reserved shall be allotted by
rotation to different panchayats at each level,
10. To provide or not for reservation of seats in
favour of backward class in any panchayat or offices of chairpersons in the
panchayats at any level.
11. To endow the panchayats at various levels with
such powers and authority as may be necessary to enable them to function as
institutions of self-government and to make provisions for the development of
powers and responsibilities upon panchayats at the appropriate level with
respect to:
a) the preparation of plans for economic
development and social justice; b) the implementation of schemes for economic
development and social justice entrusted to them, including those in relation
to the matters listed in the Eleventh Schedule of the Constitution.
12. To decide the taxes, duties, tolls and fees for
which a panchayat is authorised and also lay down the procedure and limits for
the same.
13. To decide limits and the conditions of the
taxes, duties, tolls and fees levied and collected by the state government but
assigned to the panchayats.
14. To decide the amount of grants-in-aid provided
to the panchayats from the Consolidated Fund of the state.
15. To authorise the panchayats at different levels
to create a fund for crediting all money received by or on behalf of the
panchayats and also for the withdrawal of such money.
16. To provide for the composition of the Finance
Commission, the qualifications this shall be requisite for appointment as
members thereof and the manner in which they shall be selected. The Commission
shall determine their procedure and shall have such powers in the performance
of their functions as the legislature of the state by law confers on them.
The Governor shall cause every recommendation made
by the Commission under this article together with an explanatory memorandum as
to the action taken thereon to be laid before the state legislature
17. To make provisions with respect to the
maintenance of accounts by panchayats and the auditing of such accounts.
18. To determine the conditions of service and
tenure of office of the State Election Commissioner and to make provision with
respect to all matters relating to or in connection with election to the
panchayats.
It is
provided that the State Election Commissioner shall not be removed from his
office except in like manner and on the like grounds as a judge of the High
Court. This condition of service of the State Election Commissioner shall not
be varied to his disadvantage after his appointment. The Governor, when so
required by the State Election Commission, shall make available such staff as
may be necessary for the discharge of the functions conferred on it.
19. To make provision with respect to all matters
relating to, or in connection with elections to the panchayats.
20. To make provisions with respect to:
(a) the composition and functions of the District
Planning Committee;
(b) the manner in
which the office of the chairperson of the District Planning Committee shall be
filled, provided that not less than four-fifths of the total number of members of the committee shall
be elected by and from amongst the elected members of the
panchayat at the district level and of the
municipalities in the district in proportion to the ratio between the
populations of rural and urban areas The Constitution (73rd) Amendment Act,
1992 was enacted on April 24, 1993. The State legislatures were required to
amend their relevant Acts or bring out new Acts replacing the old Acts within
one year. All the states have complied with the requirements by now.
74th Amendment to the Constitution
The Constitution (Seventy Fourth Amendment) Act,
1992 (the 74th CAA) provided a statutory definition of the Urban Local Bodies
(ULBs). The constitution and composition of ULBs of different categories, their
powers and functions were defined by this amendment. It provided a frame work
for establishing the process of democratic decentralization of planning and
development of urban areas. It also provided a mechanism for ensuring
devolution of functional and financial powers to the ULBs on a regular and
continuing basis.
Salient Features
Some of the more important features of the 74th
Amendment are given below :
Elected
municipal governments will remain at the helm of civic affairs including
planning and provision of civic infrastructure and services.
Municipalities
are to function as institutions of self government and prepare plans for
economic development and social justice, perform functions and implement
schemes as may be entrusted to them by the State governments including those
related to the Twelfth Schedule.
Ward
committees and other committees are to carry out the responsibilities conferred
upon them including those in relation to the Twelfth Schedule.
State
Election Commission is to superintend, direct and control the preparation of
electoral roll and conduct all elections to the rural and urban local bodies.
State
Finance Commission is to review the financial position of the ULBs and make
recommendations to the Governor regarding (a) the principles which should
govern the distribution of resources between the State and the local bodies,
the determination of the revenue sources to be assigned to or appropriated by
local bodies, the grants-inaid from the State Consolidated Funds to such
authorities; (b) the measures needed to improve their financial position; and
(c) any other matter as the Governor may refer in the interests of sound
finances of the local bodies.
The District
Planning Committee will consolidate the plans prepared by the
Panchayats and Municipalities in the district and
prepare a draft development plan for the district as a whole.
The
Metropolitan Planning Committee is to prepare draft development plan for the
metropolitan areas as a whole.
The enactment of laws for establishing the
institutions, endowing with appropriate functional responsibilities and
finances, and making them operational will be the responsibility of the State
Government.
12th Schedule of the Constitution
The 12th Schedule of the Constitution enlists the
following 19 functions as belonging to the legitimate domain of the
municipalities.
Urban Planning including town planning
Regulation of land-use and construction of buildings
Planning for economic and social development
Roads and bridges
Water supply for domestic, industrial and commercial purpose
Public health, sanitation, conservancy and solid waste management
Fire services
Urban forestry, protection of the environment and promotion of ecological aspects
Safeguarding the interests of weaker sections of society, including the handicapped and the mentally retarded
Slum improvement and upgradation
Urban poverty alleviation
Provision of urban amenities and facilities such as parks, gardens, playgrounds
Promotion of cultural, educational and aesthetic aspects
Burials and burial grounds, cremations, cremation ghats/grounds and electric crematoria
Cattle pounds; prevention of cruelty to animals
Vital statistics including registration of births and deaths
Public amenities including street lighting, parking lots, bus stops and public conveniences
Regulation of slaughter houses and tanneries
The 74th amendment has left the assignment of the above functions and sources of finance commensurate with the responsibilities to the State Governments by law.
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