Panchayati Raj

In the intricate fabric of India’s democratic framework, Panchayati Raj stands as a beacon of decentralized governance, fostering grassroots democracy and local self-governance. Rooted in the principles of participatory democracy, social justice, and equitable development, Panchayati Raj institutions play a pivotal role in empowering rural communities and bridging the gap between governance and the governed.

The Panchayati Raj Institution (PRI) serves as a mechanism for rural local self-government in India. It entails the management of local affairs by elected local bodies, chosen by the community members themselves. Constitutionalized by the 73rd Constitutional Amendment Act of 1992, PRI was established with the objective of fostering grassroots democracy and spearheading rural development initiatives across the nation.

Having operated in its current form and structure for 26 years, PRI has made strides, yet there are ample opportunities for further decentralization and bolstering democracy at the grassroots level.

Evolution of Panchayati Raj

The Panchayati system in India has historical roots predating independence, with village panchayats serving as dominant political institutions for centuries. Initially elected councils with executive and judicial powers in ancient India, their significance waned under foreign rule and socio-economic changes, particularly during Mughal and British dominance. Pre-independence, panchayats often reinforced the dominance of upper castes, perpetuating socio-economic and caste-based divides.

Post-independence, the evolution of the Panchayati Raj System gained momentum, spurred by constitutional provisions. Article 40 of the Indian Constitution mandated the organization of village panchayats and granting them requisite powers for self-governance.

To facilitate the implementation of self-government at the rural level, several committees were appointed by the Government of India. Notable among them include the Balwant Rai Mehta Committee, Ashok Mehta Committee, G V K Rao Committee, and L M Singhvi Committee.

Balwant Rai Mehta Committee & Panchayati Raj

In 1957, a committee was commissioned to assess and propose improvements for the Community Development Programme and the National Extension Service. The committee’s recommendations led to the establishment of a democratic decentralized local government known as the Panchayati Raj.

Key Recommendations:

Introduction of a three-tier Panchayati Raj system comprising Gram Panchayat, Panchayat Samiti, and Zila Parishad.
Direct election of representatives for Gram Panchayats and indirect election for Panchayat Samitis and Zila Parishads.
Emphasis on planning and development as core objectives of the Panchayati Raj system.
Designation of Panchayat Samiti as the executive body and Zila Parishad as the advisory and supervisory body.
Proposal for the District Collector to serve as the chairman of the Zila Parishad.
Call for adequate resource provision to enable effective discharge of duties and responsibilities.

The recommendations of the Balwant Rai Mehta Committee significantly enhanced the role of panchayats in community development programs across India. The primary aim of Panchayats was to achieve democratic decentralization through active participation of local communities in well-planned initiatives. Even Pandit Jawaharlal Nehru, the then Prime Minister of India, supported the panchayat system, advocating for empowering village-level institutions with authority and power.

Ashok Mehta Committee & Panchayati Raj

In 1977, a committee was appointed with the aim of proposing measures to revitalize and strengthen the declining Panchayati Raj system in India.

Key Recommendations:

Replace the existing three-tier system with a two-tier system comprising the Zila Parishad at the district level and the Mandal Panchayat, which would represent a group of villages.
Designate the district level as the primary level of supervision after the state level.
Empower the Zila Parishad as the executive body responsible for planning at the district level.
Grant compulsory taxation powers to both institutions, the Zila Parishad and the Mandal Panchayat, to enable them to mobilize their own financial resources.

G V K Rao Committee & Panchayati Raj

Appointed by the Planning Commission in 1985, a committee recognized the lack of grassroots development due to bureaucratization, leading to Panchayati Raj institutions being likened to ‘grass without roots’. Consequently, it proposed several key recommendations:

Elevate the Zila Parishad as the primary body in democratic decentralization, tasked with overseeing developmental programs at the district level.
Assign specific planning, implementation, and monitoring responsibilities for rural development programs to both district and lower levels of the Panchayati Raj system.
Introduce the position of District Development Commissioner as the chief executive officer of the Zila Parishad.
Ensure regular elections at all levels of the Panchayati Raj system.

L M Singhvi Committee & Panchayati Raj

Appointed by the Government of India in 1986, a committee was tasked with revitalizing the Panchayati Raj systems to promote democracy and development. The committee put forward the following recommendations:

Advocate for constitutional recognition of the Panchayati Raj systems, along with constitutional provisions to ensure free and fair elections for these systems.
Propose the reorganization of villages to enhance the viability of gram panchayats.
Suggest allocating more finances to village panchayats for their activities.
Recommend the establishment of judicial tribunals in each state to handle matters related to elections for Panchayati Raj institutions and other issues pertaining to their functioning.

73^rd Constitutional Amendment Act of 1992

Gram Sabha:

The Gram Sabha serves as the primary body of the Panchayati Raj system, consisting of all registered voters within the panchayat area.
Its powers and functions are determined by the state legislature.
Functions of Gram Panchayat and Gram Panchayat work can be referred to on the official government website.

Three-Tier System:

The Panchayati Raj Act establishes a three-tier system in states, comprising village, intermediate, and district levels.
States with populations below 20 lakhs may not constitute the intermediate level.

Election of Members and Chairperson:

Members at all levels are directly elected, while chairpersons at intermediate and district levels are elected indirectly from elected members.
The method of electing village-level chairpersons is determined by the state government.

Reservation of Seats:

Seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) are reserved at all levels based on their population percentage.
Not less than one-third of total seats must be reserved for women, including one-third of chairperson positions.

Duration of Panchayat:

Panchayats have a five-year term, but can be dissolved earlier. Fresh elections must be conducted:
Before the term’s expiry.
Within six months of dissolution.

Disqualification: Disqualification criteria include those specified by state laws and for legislative elections, with exceptions for age.

State Election Commission: Responsible for electoral roll preparation and conducting Panchayat elections, with powers regulated by state legislatures.

Powers and Functions: Endowed by state legislatures, Panchayats are empowered to function as self-governing institutions, including planning and implementing economic and social development schemes.

Finances: State legislatures authorize Panchayats to levy taxes and duties, assign state-collected revenues, and provide grants-in-aid.

Finance Commission: State Finance Commissions review Panchayat finances and make recommendations for resource supplementation.

Audit of Accounts: State legislatures may regulate Panchayat account maintenance and audits.

Application to Union Territories: The President may direct the Act’s application to Union Territories with specified exceptions and modifications.

Exempted States and Areas: Exclusions include Nagaland, Meghalaya, Mizoram, certain scheduled and tribal areas, and specific regions like the Darjeeling district of West Bengal.

Continuance of Existing Law: State laws related to Panchayats continue until one year from the Act’s commencement, after which states must adopt the new system.

Bar to Interference by Courts: The Act prohibits court interference in Panchayat electoral matters and bars election questioning except through prescribed election petitions.

Challenges Associated

1. Lack of Effective Devolution:

Power and authority devolution to panchayats varies across states due to local government being a state subject.
Certain states haven’t devolved important subjects like fuel and fodder, rural electrification, and technical education to panchayats.

2. Insufficient Grants/Funds:

Despite constitutional empowerment, local bodies often face inadequate finances for their assigned activities.
State Finance Commission transfers are generally meagre, and many Gram Panchayats are reluctant to raise their own revenue.

3. Issue of Sarpanch Pati: The persistence of ‘Sarpanch Pati culture’ due to gender biases, women’s illiteracy, and patriarchal society poses challenges to effective governance.

4. Infrastructural Challenges:

Some Gram Panchayats lack proper infrastructure, often sharing spaces with schools or anganwadi centers.
Basic facilities like toilets, drinking water, and electricity are absent in many Gram Panchayat buildings.

5. Lack of Support Staff: Severe shortage of support staff such as secretaries, junior engineers, and computer operators hampers the functioning and service delivery of panchayats.

6. Lack of Convergence of Various Government Programmes:

Limited convergence of development programmes from the Centre and state governments creates inefficiencies.
Different funding sources and guidelines for activities hinder coordination, resulting in fragmented efforts in infrastructure development.

PESA Act of 1996

Part IX of the Constitution, which pertains to Panchayats, does not apply to areas governed by the Fifth Schedule. However, Parliament has the authority to extend this part to such areas, with specified modifications and exceptions. In accordance with these provisions, Parliament enacted the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, commonly referred to as the PESA Act or the extension act.

Objectives of the PESA Act:

Extend the provisions of Part IX to scheduled areas.
Establish self-rule for tribal populations.
Implement village governance with participatory democracy.
Develop participatory governance in line with traditional practices.
Preserve and safeguard the traditions and customs of tribal populations.
Empower panchayats with powers suitable for tribal needs.
Prevent higher-level panchayats from assuming authority over lower-level ones.

As a result of constitutional amendments by both the union and state governments, India has transitioned towards what is termed as ‘multi-level federalism’, thereby expanding the democratic foundation of the Indian polity. Prior to these amendments, democratic representation in India was primarily limited to Parliament, state assemblies, and certain union territories. The introduction of the Panchayati Raj system has decentralized governance and issue resolution to grassroots levels, although it has also brought forth some challenges.

With the inception of the new generation of panchayats, various issues have surfaced, impacting human rights. The prevailing societal structure in India, characterized by inequality, social hierarchy, and economic disparities, significantly influences the functioning of the state. The caste system, unique to India, contributes to social hierarchy and discrimination. Therefore, caste and class dynamics are crucial factors in this context. Consequently, the local governance system has posed challenges to traditional hierarchies prevalent in rural areas, particularly those related to caste, religion, and gender discrimination.