34-35. Local Governments Flashcards
Brief note on evolution of the Panchayati Raj:
- 1957: Balwant Rai Mehta Committee on Panchayati Raj
To examine the working of the, Community Development Programme (1952) and the National Extension Service (1952) and to suggest measures for their better working.
The committee recommended the establishment of the scheme of “DEMOCRATIC DECENTRALISATION”, which ultimately came to be known as “PANCHAYATI RAJ”.
NO ACTION WAS TAKEN @ centre due to COLLAPSE OF JANATA GOVT.
- 1985: G V K Rao Committee on Administrative Arrangements for Rural Development and Poverty Alleviation Programmes:
Conclusion: “GRASS WITHOUT ROOTS”, Development process has become BUREAUCRATISED and DIVORCED FROM THE PRIs.
- 1986: L M Singhvi Committee on Revitalisation of PRIs for Democracy Development.
CONSTITUTIONALISATION:
- 1989: RAJIV GANDHI GOVT,
in response to recommendations made by Singhvi Committee introduced the, 64th CONSTITUTIONAL AMENDMENT BILL in Lok Sabha to constitutionalise and strengthen the PRIs.
Lok Sabha passed the bill in 1989, but it wan not approved by Rajya Sabha. It was vehemently opposed by opposition on the grounds that it sought to strengthen centralisation in the federal system.
- 1990: V P Singh’s National Front Govt,
After consultation with the chief ministers of the states, Introduced fresh Constitutional Amendment Bill to strengthen the PRIs in Lok Sabha, but fall of the Govt resulted in the lapse of the bill.
- 1991: Narasimha Rao Govt,
Drastically modified the bill and introduced a Constitutional Amendment Bill in the Lok Sabha in 1991. This bill finally emerged as the 73rd CONSTITUTIONAL AMENDMENT ACT, 1992 and came into force on 24th April, 1993.
What is Panchayati Raj?
The term Panchayati Raj in India signifies the system of rural local self-government.
It has been established in all the states of India by the Acts of the state legislatures to build democracy at the grass root level.
It is entrusted with the rural development.
It was constitutionalised by the 73rd Constitutional Amendment Act of 1992.
What were the main recommendations of the Ashok Mehta Committee 1977-78?
- THREE TIER system of PR should be REPLACED by the TWO TIER
ZILA PARISHAD @ district and MANDAL PANCHAYAT @ villages. - District under State
- Zila parishad to be executive body responsible for planning @ district.
- All pervading Official PARTICIPATION of POLITICAL PARTIES.
- POWERS of TAXATION to PRIs.
- regular SOCIAL AUDITS of PRIs to check fund utilisation.
- State govt should not supersede the PRIs in case of an Imperative Supersession.
- Separation of NYAY PANCHAYAT and DEVELOPMENT PANCHAYATS. Presided by a qualified judge.
- The chief electoral officer of a state in consultation with the chief election commissioner should organise and conduct the PR elections.
- A minister of PR should be appointed in the state council of ministers.
- Seats for SCs and STs should be reserved on the basis of their population.
What is the significance of the 73rd Amendment Act of 1992?
This Act has added a new “PART-IX : The Panchayats” to the constitution of India and consists of provisions from ARTICLE 243 to 243 O.
In addition the act has also added a new 11th SCHEDULE to the constitution containing 29 functional items of panchayats.
Practice shape to ARTICLE 40 (part of Directive Principles of State Policy) of the constitution which says,
“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.”
The act GIVES CONSTITUTIONAL STATUS to the PRIs.
It has brought PRIs under the purview of justiciable part of the constitution. i.e. State govts are under constitutional obligation to adopt the new Panchayati raj system in accordance with the provision of the act.
The provisions of the act can be grouped into two categories–Compulsory and Voluntary,
The act is a significant landmark in the evolution of the grassroots democratic institutions in the country.
IT TRANSFERS THE REPRESENTATIVE DEMOCRACY INTO THE PARTICIPATORY DEMOCRACY.
Salient Features of the 73rd Amendment Act:
- GRAM SABHA:
The act provides for a Gram Sabha as the foundation of the Panchayati Raj.
It is a village assembly consisting of all the registered voters in the area of panchayat.
It shall exercise the power and perform the functions at the village level as the legislature of the state determines.
- THREE-TIER SYSTEM:
The act provides fork a three tier system of Panchayati raj in every state, that is, panchayats at the,
- district
- intermediate
- village
The act brings about the uniformity in the structure of the PRIs throughout the country.
However, state having population not exceeding 20 lakh may not constitute panchayats at intermediate level.
- ELECTION OF MEMBERS AND CHAIRPERSONS:
All the members of the PRIs at all the levels shall be elected directly by the people.
Chairperson of Panchayats @ intermediate and district level shall be elected indirectly– by and from the elected members thereof.
However, chairperson of the panchayat @ village level shall be elected in such a manner as the state legislature determines.
- RESERVATION OF SEATS:
The act provides for the reservation of seats for SCs and STs in every panchayat (at all levels) in proportion of their population to the total population in the panchayat area.
Further, the state legislature shall provide for the reservation of offices of chairperson in the panchayat for SCs and STs at any level.
1/3 of total number of seats for women (including number of seats reserved for women belonging to SCs and STs.
1/3 of total number of offices of chairpersons in the panchayats at each level shall be reserved for women.
The act also authorises the legislature to make reservations for any office at any level of panchayats for backward classes.
- DURATION OF PANCHAYATS:
5 yr term of office to the panchayat at every level. However, it can be dissolved before the completion of its term.
Further, fresh elections to constitute a panchayat shall be completed,
a) before the expiry of its duration of a five years; or
b) in case of dissolution, before the expiry of a period of six months from the date of its dissolution.
- DISQUALIFICATION:
A person shall be disqualified for being chosen as or for being a member of panchayat if he is so disqualified,
a) under any law for the time being in force for the purpose of elections to the legislature of the state concerned, or
b) under any law made by the state legislature.
No person shall be disqualified on the grounds of being under the age of 25 if s/he has attained 21 yrs of age.
All the questions of the disqualification shall be referred to the authority as determined by the state legislature.
- STATE ELECTION COMMISSION:
The superintendence, direction and control of the preparation of the electoral rolls and the conduct of all elections to the panchayats shall be vested in the state election commission.
It consists of the State Election Commissioner to be appointed by the Governor.
The state legislature may make provision with respect to all matters relating to elections to the panchayats.
- Powers and Functions:
The state legislature may endow the panchayats with such power and authority as may be necessary to enable them to function as institutions of self-government.
Such a scheme may contain provisions for the devolution of powers and responsibilities upon panchayats at the appropriate level with respect to,
a) the PREPARATION of plan for economic development and social justice;
b) the IMPLEMENTATION of schemes for economic development and social justice. As may be entrusted to them, including those in relation to the 29 matters listed in the 11th Schedule.
9. FINANCES:
The state legislature may,
a) authorise a panchayat to levy, collect and appropriate taxes, duties, tolls and fees;
b) assign to a panchayat taxes, duties, tolls and fees levied and collected by the state government;
c) provide for making grants-in-aid to the panchayats from the consolidated fund of the state; and
d) provide for constitution of funds for crediting all money’s of the panchayats.
10. FINANCE COMMISSION:
The governor of the state shall, after every five years, constitute a finance commission to review the financial position of the panchayats.
- AUDIT AND ACCOUNTS:
The state legislature may make provisions with respect to the maintenance of accounts by the panchayats and auditing of such accounts.
- APPLICATION TO UNION TERRITORIES:
The president of India may direct that the provisions of this act shall apply to any union territory subject to such exceptions and modifications as he may specify.
- EXEMPTED STATES AND AREAS:
The act DOES NOT APPLY to the states of JAMMU & KASHMIR, NAGALAND, MEGHALAYA and MIZORAM and certain other areas. These areas include,
a) the SCHEDULED AREAS and TRIBAL AREAS in the states.
b) hill areas of MANIPUR for which district council exists; and
c) DARJEELING district of WEST BENGAL for which DARJEELING GORKHA HILL COUNCIL EXISTS.
However, the parliament may extend the provisions of this part to the scheduled areas subject to such exceptions and modifications as it may specify.
Under this provision, the parliament has enacted the “PROVISION OF THE PANCHAYATS ( EXTENSION OF THE SCHEDULED AREAS ) ACT”,1996 (PESA).
- CONTINUANCE OF THE EXISTING LAWS AND PANCHAYATS:
All the state laws relating to panchayats shall continue to be in force until the expiry of one year from the commencement of this act. I.e. 24 th April, 1993.
Majority of states passed the Panchayati raj acts in 1993 and 1994 to adopt the new system in accordance with the 73rd CONSTITUTIONAL AMENDMENT ACT of 1992.
- BAR ON INTERFERENCE BY COURTS:
The act bars interference by the courts in the electoral matters of panchayats.
It further lays down that no election to any panchayat is to be questioned except by an election petition presented to such authority and such manner as provided by the state legislature.
- 11th SCHEDULE:
It contains 29 functional items placed within the purview of panchayats.
What are the definitions of the following terms according to 73rd Amendment Act.
- Panchayat
- Village
- Intermediate level
- District
- Panchayat:
Means an institution (by whatever named called) of self-government for rural areas. - Village:
Means a village specified by the governor by the public notification to be a village for this purpose, and includes a group of villages so specified. - Intermediate level:
Means a level between the village and district levels specified by the governor by public notification for this purpose. - District:
Means a district in a state.
How many states in India have scheduled areas?
- At present (2013), 9 states of India have scheduled areas. These are:
- Andhra Pradesh
- Jharkhand
- Chhatisgarh
- Gujarat
- Himachal Pradesh
- Madhya Pradesh
- Maharashtra
- Odisha
- Rajasthan
- Presently (2013), there are a total of 10 tribal areas (autonomous districts) in the four states of,
- Assam (3)
- Meghalaya (3)
- Tripura (1)
- Mizoram (3)
List down the 29 functional items in 11th SCHEDULE.
- Agriculture including agricultural extension
- Land improvement, implementation of land reforms, land consolidation and soil conservation
- Minor irrigation, water management and watershed development
- Animal husbandry, dairying and poultry
- Fisheries
- Social forestry and farm forestry
- Minor forest produce
- Small-scale industries, including food processing industries
- Khadi, village and cottage industries
- Rural housing
- Drinking water
- Fuel and fodder
- Roads, culverts, bridges, ferries, water ways and other means of communication
- Rural electrification, including distribution of electricity
- Non-conventional energy sources
- Poverty alleviation programme
- Education, including primary and secondary schools
- Technical training and vocational education
- Adult and non-formal education
- Libraries
- Cultural activities
- Markets and fairs
- Health and sanitation including hospitals, primary health centres and dispensaries
- Family welfare
- Women and child development
- Social welfare, including welfare of handicapped and mentally retarded
- Welfare of weaker sections, and in particular, of SCs and STs
- Public distribution system
- Maintenance and community assets
Compulsory/obligatory/mandatory provisions of the 73rd Constitutional Amendment Act (1992) or the part IX of the Constitution.
- Organisation of Gram Sabha in a village or group of village.
- Establishment of Panchayats at the village, intermediate and district levels.
- Direct election to all seats in panchayats at the village, intermediate and district levels.
- Indirect elections to the post of chairperson of panchayats at the intermediate and district levels.
- 21 years to be the minimum age for contesting elections to panchayats.
- Reservations of seats (both members and chairpersons) for SCs and STs at all the three levels.
- Reservations of 1/3 seats (both members and chairpersons) for women in panchayats at all the three levels.
- Fixing tenure of 5 yrs for panchayats at all levels and holding fresh elections within 6 months in the event of super-session of any panchayat.
- Establishment of State Election Commission for conducting elections to the panchayats.
- Constitution of State Finance Commission after every 5 Yrs to review the financial position of the panchayats.
List down the voluntary provisions of the 73rd Constitutional Amendment Act or the Part IX of the constitution:
- Giving representation to members of the Parliament (both the houses) and the state legislature (both the houses) in the panchayats at different levels falling within their constituencies.
- Providing reservations of seats (both members and chairpersons) for backward classes in panchayats at any level.
- Granting power and authority to the panchayats to enable them to function as institution of self-government (i.e. Making them autonomous bodies)
- Devolution of powers and responsibilities upon panchayats to prepare plans for economic development and social justice; and to perform some or all the 29 functions listed in the 11th schedule of the constitution.
- Granting financial powers to the panchayats, that is, authorising them to levy, collect and appropriate taxes, duties, tolls and fees.
What does the ‘Urban Local Government’ in India signifies?
The ‘Urban Local Government’ in India signifies the governance of and urban area by the the people through their elected representatives.
The jurisdiction of the ULG is limited to a specific urban area which is demarcated for this purpose by the same govt.
How many types of ULG in India?
There are 8 types of ULGs in India:
- Municipal corporation
- Municipality
- Notified Area Committee
- Town Area Committee
- Cantonment Board
- Township
- Port trust
- Special Purpose Agency
Brief history of ULGs in India:
- In 1687-88 : the first municipal corporation in India was setup at MADRAS (Chennai).
- In 1726 : municipal corporations were set up in Bombay and Calcutta.
- In 1882: LORD RIPON issued a resolution that has been hailed as the Magna Carta of the LSG in India. It continued to influence the development of the LSG in India till 1947.
LORD RIPON is called the FATHER OF THE LSG IN INDIA.
- 1989: the Rajiv Gandhi govt introduced the 65th Constitutional Amendment Bill (i.e. Nagarpalika bill) in the Lok Sabha.
It aimed at strengthening and revamping the municipal bodies by conferring a CONSTITUTIONAL STATUS on them.
However, the bill was passed in Lok Sabha it was defeated in Rajya Sabha and hence lapsed.
- 1990: V P Singh govt of National Front Govt introduced a revised Nagarpalika bill in Lok Sabha. But did not pass and lapsed due to dissolution of the Lok Sabha.
- 1991-92: P V Narasimha Rao’s also introduced the modified Municipalities Bill in the Lok Sabha, it finally emerged as the 74th CONSTITUTIONAL AMENDMENT ACT of 1992 and came into force on 1 june 1993.
74th Amendment Act of 1992:
This act has added a new “Part IX-A” to the constitution of India.
It is entitled as “The Municipalities” and consist of provisions from Articles 243-P to 243-ZG.
In addition the act has also added a new 12th Schedule to the constitution. It contains 8 functional items of municipalities.
The act gave constitutional status to the municipalities. It has brought them under the purview of the justiciable part of the constitution. i.e. The state govt are under obligation to adopt the new system of municipalities in accordance with the provisions of the act.
The act aims at revitalising and strengthening the urban governments so that they function effectively as units of local govt.
Salient features of the 74th Amendment Act:
- THREE TYPES OF MUNICIPALITIES:
The act provides for the constitution of the following three types of municipalities in every state.
a) A “NAGAR PANCHAYAT” (by whatever name called) for a transitional area, that is, an area in transition from rural area to urban area.
b) A “MUNICIPAL COUNCIL” for a smaller urban area.
c) A “MUNICIPAL CORPORATION” for a larger urban area.
2. COMPOSITION:
All the members of the municipality to be elected directly by the people of the municipal area. For this purpose, each municipal area shall be divided into territorial constituencies to be known as ‘wards’.
The state legislature may provide the manner of election of the chairperson of a municipality.
It may also provide for the representation of the following persons in a municipality.
a) Persons having special knowledge or experience in municipal administration without the right to vote in the meetings of municipality.
b) The members of the Lok Sabha and the state legislative assembly representing constituencies that comprise wholly or partly the municipal area.
c) The members of the Rajya Sabha and the state legislative council registered as electors within the municipal area.
d) Chairpersons of the committees (other than ward committees)
3. WARD COMMITTEES:
Their shall be constituted a wards committee, consisting of one or more wards, within the territorial area of a municipality having population of 3,00,000 or more.
The state legislature may make provision with respect to the composition and the territorial area of a wards committee and the manner in which the seats in a wards committee shall be filled.
It may also make provision for the constitution of committees in addition to the wards committees.
- RESERVATION OF SEATS:
For SCs and STs in every municipality in proportion of their population to the total population in the municipal area.
1/3 of the total number of seats for women (including women belonging to SCs and STs)
State legislature might provide for the manner of reservation of offices of chairpersons in the municipalities for SCs, STs and women.
It may also make provision for the reservation of seats in any municipality or offices of chairpersons in municipalities in favour of backward classes.
- DURATION OF MUNICIPALITIES:
Five year term for every municipality
However, it could be dissolved before the completion of its term.
Further, fresh elections to constitute a municipality shall be completed
a) before the expiry of its duration of five years; or
b) in case of dissolution, before the expiry of a period of six months from the date of its dissolution.
6. DISQUALIFICATIONS:
A person shall be disqualified for being chosen as or for being a member of a municipality if he is so disqualified,
a) under any law for the time being in force for the purpose of election to the legislature of the state concerned; or
b) under any law made by the state legislature.
However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 yrs.
All questions of disqualifications shall be referred to such authority as the state legislature determines.
- STATE ELECTION COMMISSION:
The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the municipalities shall be vested in the state election commission.
State legislature shall make provisions with respect to all matters relating to elections to the municipalities.
- POWERS AND FUNCTIONS:
The state legislature may endow the municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government.
Such a scheme may contain provisions for the devolution of powers and responsibilities at the appropriate level with respect to,
a) preparation of plans for economic development and social justice;
b) the implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to the 18 matters listed in the 12th Schedule.
9. FINANCES:
The state govt may,
a) authorise a municipality to levy, collect and appropriate taxes, duties, tolls and fees;
b) assign to a municipality taxes, duties, tolls and fees levied and collected by state govt.
c) provide for making grants-in-aid to the municipalities from the consolidated fund of the state; and
d) provide for constitution of funds for crediting all money’s of the municipalities.
10. FINANCE COMMISSION:
The finance commission (which is constituted for the panchayats ) shall also, for every five years, review the financial position of municipalities and make recommendations to the governor.
- AUDIT OF ACCOUNTS:
The state legislature may make provisions with respect to the maintenance of accounts by municipalities and auditing of such accounts.
- APPLICATION TO UNION TERRITORIES:
The president of India may direct that the provisions of this act shall apply to any union territory subject to such exemptions and modifications as he may specify.
- EXEMPTED AREAS:
The act does not apply to the scheduled areas and tribal areas in the states.
It shall also not affect the functions and powers of the Darjeeling Gorkha Hill Council of the West Bengal.
- DISTRICT PLANNING COMMITTEE:
Every state shall constitute at the district level, a district planning committee to consolidate the plans prepared by panchayats and municipalities in the district, and to prepare a draft development plan for the district as a whole.
The state legislature may make provisions with regard to the election, composition, manner and function of such committee.
The chairperson of such committee shall forward the development plan to the state government.
- METROPOLITAN PLANNING COMMITTEE:
Every metropolitan area shall have a metropolitan planning committee to prepare a draft development plan.
The state legislature may make provisions with regard to the election, composition, manner and function of such committee.
The chairperson of such committee shall forward the development plan to the state government.
- CONTINUANCE OF EXISTING LAWS AND MUNICIPALITIES:
All the state laws relating to municipalities shall continue to be in force until the expiry of one year from the commencement of this act.
- BAR ON INTERFERENCE BY COURTS:
The act bars the the interference by courts in electoral matters of municipalities.
It further lays down that no election to any municipality is to be questioned except by an election petition presented to such authority and in such a manner as provided by state legislature.
- 12th SCHEDULE:
It contains 18 functional items placed within the purview of municipalities.
