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Subject: Essay

Topic: Panchayati Raj in India

Panchayati Raj was a pious dream of our great leader Mahatma Gandhi who wanted to strengthen the democracy at the grassroots level by this system. The need Panchayati Raj was stressed by Pandit Nehru, and it was repeatedly and forcefully advocated by Late Shri Jai Prakash Narayan. But, unfortunately, for various reasons, not much headway could be made for the realization of this ideal. Ever since Late Shri Rajiv Gandhi came to the helm of affairs in the country he repeatedly stressed the importance of Panchayati Raj. He formed his views on the subject by under-taking whirlwind tours of rural India to familiarize himself with the realities of rural life, by holding frequent workshops of District magistrates all over the country, and thus assessing their views and understanding their difficulties. In our country, senventy percent of the population is in rural areas. As such, amidst widespread diversity and various problems, the main attention of our country is to focus on rural planning development. Thus it has become important to implement Panchayati Raj with full vigour and dedication to prepare ourselves to face the challenges of the 21st century. Our country is spread in a vast area and it is not easy to solve the various problems being encountered by rural people. This gives rise to the need of participation by rural folks on priority basis. For this reason, Gandhiji wanted to keep the base of the ladder of growth in the rural areas and make it reach the centre through gradual process of development. So he proclaimed that India must follow the system of self-government functioning through Panchayats.

Gandhi’s slogan of “Gram Swaraj” was most remarkable and accepted by all Indians. Everybody realized that all problems whether administrative, social, political or economical can be solved by our own participation through panchayat Raj. As a first step in direction of Panchayat Raj, composite basic development was entrusted to the rural bodies by introduction of Community Development Programmes. This step gave rise to a network of panchayats spread almost all over the country. However, it could not help its evolution because of its functioning on the directions from the top. Then in 1956, an official committee was set up by the government of India to examine the problems related to implementation of Panchayati Raj. This committee was headed by Shri Balwant Raj Mehta who recommended in its report the introduction of three-tier system for self-government at the grassroots levels. It also recommended transfer of more responsibility and power to these bodies. Hence, the recommendation of the Mehta Committee led to inauguration of the Panchayati Raj at Nagaur in Rajasthan on October 2, 1959. This was a great tribute on the birth anniversary of Mahatma Gandhi.

Panchayats have been amongst the oldest political institutions of India. But in the form in which it is constituted and made to work, is a modern innovation. After independence, Panchayati Raj was strengthened by the Central and State Governments. In 1952, the Community Development Programmes (CDP) were initiated. The National Extension Service (NES) followed it. In 1957 a committee was set-up to study the working of CDP and NES. The committee, under the chairmanship of Balwant Rai Mehta, recommended a three-tier system of rural local government namely Village Panchayat at village level, Panchayat Samiti at block level and Zila Parishad at the district level. All the State Governments except Meghalaya, Mizoram and Nagaland passed the Panchayati Raj Legislation.

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Prime Minister Jawaharlal Nehru inaugurated independent India’s Panchayati Raj on October 2, 1959 at Nagaur, Rajasthan. Regarding Panchayati Raj, article 40 of the Indian Constitution reads, “The state shall take steps to organise village Panchayats and endows them with such powers and authority as may be necessary to enable them to function as units of self-government.” Panchayati Raj is generally a three-tier structure of local self-government at village, block and district levels.

A Panchayat consists of five or more public representatives. Members of the Panchayat are called the “Pa chats”. They are elected by the Gram Sabha by secret ballot in all States except Assam, Jammu and Kashmir and Uttar Pradesh. In these States the mode of election is by show of hands. For the purpose of election. the entire Gram Sabha area is divided into territorial wards. Each ward elects one Panch. But there are exceptions to this system in the States of Assam. Jammu and Kashmir, Haryana and Punjab. In Bihar, the Panchayat consists of nine members including the president. Out of nine members, four are directly elected and the other four are nominated by its president. The presiding officer of the Panchayat is known by a variety of names. He is called `President’ `Sarpanch’, ‘Pradhan’, ‘Mukhiya’, ‘Adhyaksh’, etc. The made of president’s election is also not same in every State. In same States he is elected by Panchas and in same by Grant Sabha. The president can be removed from his office. There is a provision in all States legislation about his removal. It is usually done by a majority of two-third votes of members of the Panchayat.

The tenures of the Panchayat in various states varies from three to five years. This council of five representatives is fully responsible far the administration and development of a village. Panchayati Raj is a complete process of governance and it refers to a system organically linking people from the Gram Sabha to the Lok Sabha. The functions of a Panchayat are usually classified into two categories­ obligatory and discretionary. Obligatory functions include-construction and maintenance of public wells, public streets, sanitation, development of agriculture, cottage industry, registration of birth, death and marriage, collection of land revenues, etc. The discretionary functions generally include planting and nursing of trees on the roadside, construction and maintenance of dharamshalas, sarais and resthouses, looking after public health and safety, reclaiming unhealthy localities, etc. To perform these functions, the Panchayat has been given certain sources of revenue. It is empowered to impose same compulsory taxes like-tax an buildings, trade, private toilets, vehicles and animals, etc. In addition, the Panchayat can also levy some other taxes with the approval of Zila Parishad. Panchayati Raj is an integral pact of our democracy. In West Bengal the Left Front government took initiative in 1978 to give a new life to its Panchayats an the lines of the Osaka Mehta Committee recommendations. But there are same ailments the Panchayats have been suffering from. Lack of adequate” finance comes in the way of effective functioning. In the absence of trained and full-time secretaries, the Panchayats do not function properly. The Sarpanch as a member of the Panchayat Samiti has assumed° overriding importance and over-shadowed the Panchayat.

In many places Panchayats themselves are working as oppressive instruments. Absence of land reforms, law levels of literacy, especially among women, patriarchal system, etc. work against weaker sections in the village. It also seriously affects women’s position. The Osaka Mehta committee also concluded that Panchayati Raj institutions had little resources and the State was not paying attention to them. The attitude of bureaucrats, red-tapism and corruption in the system stand an the way of effective functioning of Panchayats.

The State Government has the power to delimit and alter its jurisdiction. It may suspend a resolution of the Panchayat if it considers it a danger to public life. It may suspend or remove a Panch or a Sarpanch under certain conditions. The reservation of seats for women, Schedule Castes and Tribes is a welcome step. The cabinet approved a proposal for a Constitutional Amendment Bill for enhancing reservation far women in Panchayats at all tiers from one-third to at least 50 percent. The proposal aims to amend Article 243 D of the Constitution that currently provides for 33 percent reservation for women in Panchayats. Bihar, Uttarakhand. Himachal Pradesh, Chhattisgarh and Madhya Pradesh already have 50 per cent reservation far women at the local level. The Panchayat elections are conducted and supervised by the Election Commission to ensure free and fair elections. All these measures ensure a bright future of Panchayati Raj in India. Stranger and abler governance at the grassroots will make for a stranger state, and a mare powerful nation.

Constitutional Provisions and Major Landmarks in the Development of Panchayati Raj Institutions

1. Article 40 provides that “The state shall take steps to organise village Panchayats and to endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

2. In 1952 Community Development Programmes were started (first in Rajasthan) to bring people within the ambit of planning.

3. In 1957 Balwant Rai Mehta Committee was appointed to review the working of Community Development Programme. Its recommendations had far reaching consequences for the Panchayati Raj institution.
   i. Democratic decentralization
   ii. democratically elected bodies at three levels (village, block and district)
   iii. planning and development tasks to be assigned to local bodies.

4. In 1977 Ashoka Mehta Committee was constituted with members belonging to different political parties. It was first ever committee exclusively for PR bodies.
   i. preferred two tier systems: Zila Parishad and Mandal Panchayat.
   ii. Participation of political parties in the elections.
   iii. While Zila Parishad would be policy making, Mandal Panchayat would be implementing agency.
   iv. Entrusted compulsory power of taxation.

• 64th Constitutional Amendment Bill (1989) introduced by Rajiv Gandhi Government

• 74th Constitutional Amendment Bill (1990) introduced by V.P. Singh Government

• 73rd Constitutional Amendment Act (1992)

The 73rd Amendment Act passed in 1992 and implemented in 1993 marked a new era in the history of PR institutions. It added a new Part IX consisting of 16 Articles and Eleventh schedule to the Indian Constitution. By this amendment, Constitutional status has been conferred on PR bodies.

The 73rd Amendment Act (1992) marked a thumping point in the history of PR bodies. It showed that nation as whole, favoured the mechanism of democratic decentralization. However, very soon some of the dormant issues came to the forefront and continued to hamper its functioning. Moreover certain ambiguities in the act also became clear. Chief Features The key features of this Act are as follows:

1. Uniform three tier Panchayti Raj system at the village, intermediate and district levels. However, States with a population of less than 20 lakhs are given the option to avoid intermediate level Panchayat.

2. Gram Sabha has been hailed as foundation stone of the Panchayat System.

3. State legislatures by law may make provisions for the composition of the Panchayats.

4. Elections to all the three tiers and to the Chairperson of village Panchayat shall be direct.

5. The Chairperson of a Panchayat and other members of Panchayat shall have the right to vote in the meetings of Panchayat.

6. The Chairperson of Panchayat at the village level shall be elected in such a manner as the legislature of a state may be law, provide. The Chairperson of a Panchayat at the intermediate level or district level shall be elected by and amongst, the elected members thereof.

7. Reservation of seats for the scheduled castes and scheduled tribes in proportion to their population. Out of the total seats reserved for the SCs and STs Not less than one-third seats to be reserved for Women belonging  to SCs and STs.

8. One-third of seats at all the three levels and also the Chairperson elected to three levels, to be reserved for women. It includes the number of seats reserved for SC and ST women.

9. The State Legislature may by law make provision for reservation of seats for backward classes.

10. State Legislatures may, by law, make provisions which enable the Panchayats to function as an institution of self government. It includes power of taxation.

11. There is a provision of a Finance Commission for reviewing financial position of the Panchayats. It has to be constituted every fifth year. The details are to be determined by State Legislature.

12. There is a provision of State Election Commission constituted by Governor. Subject to the provisions of any law made by the State Legislature, the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine. State Election Commissioner can be removed only in a like manner and on like ground as a Judge of a High Court.

13. The Governor can supersede the Panchayats by dissolving them. But, the election must be held within six months of dissolution. The Panchayats so elected shall remain in operation only for the remaining period of tenure.

14. The courts cannot interfere in the electoral matter of Panchayats. The validity of an election can be challenged only through an election petition presented to such authority and in such manner as provided by any law made by the legislature of a state.

15. Following areas are provided immunity from Part IX

(a) Scheduled areas and Tribal areas
(b) States of Nagaland, Meghalaya and Mizoram
(c) Hill areas in State of Manipur for which District Councils exist
(d) Darjeeling district of West Bengal Contribution of Panchayati Raj in Rural Development

Despite weaknesses and failure PR bodies had given following contribution in rural development:
1. Aroused public awareness in the area of governance.
2. Influenced participation of people in administrative tasks.
3. Prepared ground for emergence of a new leadership.
4. Made the exercise of planning more effective Panchayats after 73rd Amendment Act (1992) Conclusion
To sum, the history of Panchayats have witnessed many ups and downs. The 73rd Constitutional Amendment changed its course by assigning a constitutional status. A wide range of powers have been entrusted to Panchayat to fulfill the objective of democratic decentralization. It has much success to its credits. The Panchayats are no longer upper class, rich male’s destinations.

They are neither an instrument of maintaining status quo. They have drawn millions of females and weaker sections of the society into political arena. They have aroused a feeling of common destiny. People have realized that Panchayats remain the basic tool to address their ill plight and translate their dream into reality.

Nevertheless, the vested interests are not ready to adjust to changes. Most often, Panchayats become a venue for drama. Ruthless violence during elections has feared the general people to an extent that they seldom participate in elections. Compulsory education in the spirit of constitution and effective socialization through media, civil society groups and intellectuals will have to play major role in this direction.

Yet, there can be no denying the fact that in most parts of the country, elections to the Panchayats have been irregular. The Bill seeks to put an end to such delays and difficulties. The essence of democracy is elections. But elections to Panchayati Raj institutions have been most irregular and uncertain. A mandatory provision in the constitution is therefore necessary. A statutory provision in the state law does not quite have the same sanctity. The Bill provides for regular periodic elections of Panchayati Raj institutions. In the absence of any compelling provision to reconstitute Panchayats within a reasonable period of time, by democratic elections, suspended Panchayats have remained suspended for years and dissolved Panchayats have remained dissolved for up to a decade or even more. Their existence has depended less on the mandate of the people then on the whim of state Governments.

The bill leaves it to the state to determine the grounds and conditions on which Panchayats may be suspended or dissolved. The state Legislatures are to specify the grounds on which the Governor may suspend or dissolve a Panchayat. That is a matter for the Governor, acting in accordance with the constitution on the advice of the state Government. But dissolved Panchayats must be reconstituted within a reasonable period of time. It is the people who will determine, within a matter of months, the shape of the reconstituted Panchayat. The Bill will ensure that Panchayati Raj has a democratic character similar to the Lok Sabha and the state Assemblies and Constitutional protection for their functioning as representative institutions of the people.

“The single greatest event in the evolution of democracy in India was the enactment of the Constitution which established democracy in Parliament and in the state Legislature. The historic, revolutionary Panchayati Raj Bill takes the place alongside that great event as the enshrinement in the constitution of democracy at the grassroots”. Once democracy is accorded to the Panchayats the same sanctity as is enjoyed by parliament and the state Legislature, the doors will be opened for the participation in democratic institution to about seven lakh elected representatives.

In this way the power-broker, the middlemen, the vested interests will be eliminated. For the minutest municipal function the people have to run around finding persons with the right connections who would intercede for them with the distant source of power. The system has been captured by the power-brokers who have established their vice-like grip on it, only because democracy has not functioned at the grass-roots. Once the people have their own elected representatives from electorates as small as a hundred persons, the source of power will lie only as far away as the Panchayat Ghar, not in some distant state capital or even the more distant capital of the country. There will be direct elections to Panchayats at all levels. Every voter will have his own representative in the Gram Panchayat, the mid-level Panchayat. The representative will be responsible to small and recognized electorate. It they fulfill the mandate of the people the re-elected; otherwise the people will throw them out of office, power of the vote.

In establishing the institutions of democracy in Parliament and in the state Legislature, our founding fathers gave particular recognition to the disabilities suffered by the Scheduled Castes and tribes. Provision was made for the reservation of seats for the total electorate. This is a principle which has not been incorporated in most of the Panchayati Raj legislations enacted by the state Legislatures. The democratic rights of the Scheduled Castes and Scheduled Tribes cannot be secured by good intentions alone. It has to be secured in the first instance, by reservation in Panchayati Raj Institutions on the same basis as reservations are given in the Lok Sabha and the state Assemblies. The Bill makes it mandatory for the state legislatures to ensure reservation for the Scheduled Castes and the Scheduled Tribes in proportion to their population in the relevant Panchayat area. Also, there will be reservations in Panchayats at all levels of 30% of the seats for women. The presence of women in large numbers in the Panchayats will not only make the Panchayats more representative but will also make them more efficient, honest, disciplined and responsible. It is the strength of moral character which women will bring to the Panchayats.

The Panchayats will have the power and authority to draw of plans within the framework of guidelines and conditions to be laid draw by the state Government. These plans will constitute the basic inputs for the planning process of higher levels. This will ensure that the voice of the people, their needs, their aspirations, their priorities become the building blocks of the edifice of planning. The second major responsibility of the Panchayats will be the implementation of development schemes assigned to them by the state Governments. These schemes should cover the major economic concerns of rural India, commencing with agriculture and land improvement and going on to irrigation. They must comprise the diversification of the rural economy into animal husbandry, dairying, poultry and fisheries. They must incorporate industrial activity in rural India. They must look to the day-to-day concerns of rural India, housing, drinking water, fuel and fodder.

The panchayats will also have the major responsibility for the administration of poverty-alleviation programmes. They would have to look to the education and culture, to health and family welfare, and to women and child development. Social welfare programmes for the weaker and handicapped sections would be the responsibility of the Panchayats. It is also proposed to give to the Panchayats the responsibility for the public distribution system which is so crucial to the survival of the weakest and the poorest, as also to the general health of the rural economy.

In this way development will be taken to the grassroots in rural India. The same concern must be extended to the growing urban and semi-urban population of the country. To this end, a new chapter has been added to the constitution. Urban Municipalities and corporations have been brought within the two major questions have been raised repeatedly.

Most reservations become a parliament feature of the Indian economic, educational and political scene? Must social disability, with the attached stigma of being a Harijan and hence being disallowed to enter the places of worship etc. continue for all times, privileges as their counterpart in the rural areas? Efforts have also been made to recast revamp and rejuvenate the cooperative movement, which Pundit Nehru always regarded as the essential compliment to Panchayati Raj.

Our democracy has reached the stage where the full participation of the people brooks no further delay. Those who decry Panchayati Raj as an election stunt are only those whose feudal interest will be overthrown by the power reaching the people. The late Prime Minister Rajiv Gandhi said, “We trust the people. We have faith in the people. It is the people who must determine their own destinies and the destiny of the nation. To the people of India let us ensure maximum democracy and maximum devolution of power. Let there be an end to the power-brokers. Let us give power to the people.

Contribution of Panchayati Raj Institutions to Rural Development

Of all the institutions of the modern and independent India, Panchayati Raj institutions are oldest and original institution. They remained an integral part of self sufficient village administration in ancient India. The British found it convenient for their objective even in its dismal days. They used it to collect revenue and consolidate their authority.

After independence, inspired by Gandhi’s vision of “Ram Rajya” and realizing the practical significance of Panchayats, the leadership tried to revive the institution. They regarded it as the self-governing institution at the local level to ensure the effective participation of people in the process of growth and development. However, the history of Panchayati Raj system has not been uniform. It has witnessed many twist and turns, ups and downs.

The 64th Constitution Amendment Bill of May 15, 1989 has been a landmark in this context. It gave a new lease of life to Panchayati Raj as a truly representative system in our country. During the debate on the subject, the then Prime Minister Rajiv Gandhi told the Lok Sabha that “Too often in the past Panchayati Raj has had functions without finances, responsibilities without authority, duties without the means for carrying them out. The Bill seeks to remove these disparities and bottlenecks and to make these rural legislatures or councils a fit and effective instrument of self-government.” The Bill also made it obligatory that elections be held regularly every five years, but various states have failed to fulfill this obligation and the Centre has had to intervene. Thus, the Bill has proved a milestone in revitalizing an ancient and time-tested democratic institution. The Panchayati Raj system is best suited for developmental and administrative requirements of rural population and society because of wide variation in the nature of local problems. It is an inexpensive form of local self-government, which can suitably identify the local problems and issues, particularly of the poor and weaker sections of society, like scheduled castes, scheduled tribes, small, marginal and landless farmers, women and backward classes. It also ensures quick and equitable measures to solve the problems. It provides a proper forum, where local people can meet, discuss and chalk out programmes, policies and their speedy implementation. It also ensures decentralisation of power, and effective developmental activities, in which active participation of the rural masses can be envisaged.

The main objective of the system is to develop a method of decentralisation and devaluation of powers, functions and authority to the rural folk with a view to ensure rapid socio economic progress and speedier and inexpensive justice. This is to be achieved through increasing agricultural production, development of cottage and rural industries, fuller and proper utilization of available local, natural and human resources with the active participation of the people. Besides progressive decentralisation of powers and authority, it aims at improving the living standard of the rural people in general and the weaker sections in particular.

Thus, the panchayat system in India assumes a very significant role because nearly 80% of its population lives in villages, spread over about 95% of its geographical area. This system is quite rational, practicable and in perfect harmony with the spirit of democracy and should be further strengthened and encouraged. It should be made economically viable and self-sufficient by providing adequate resources, funds and generous grants. The reservation of seats for women, scheduled castes and tribes in panchayats is a welcome step, for it would make the institution of panchayat more democratic, representative and balanced. The panchayat elections are conducted and supervised by the Election Commission to ensure free and fair elections. All these measures ensure a bright and long lasting future of panchayat system in India.

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