Local Govt Flashcards
Who declares an area as a ‘Scheduled Area’ under the Fifth Schedule of the Constitution?
The President, by order.
What is typically the largest and lowest administrative unit forming a Scheduled Area?
Largest: District; Lowest: Cluster of villages in the block.
Who has a special responsibility regarding Scheduled Areas and must submit reports to the President?
The Governor of the state.
Under the Fifth Schedule (as interpreted in the Samatha judgment), can the transfer of tribal land to private parties for mining be declared void?
Yes.
Name 5 states that currently have Fifth Schedule Areas.
Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana (any 5).
Which 4 states are explicitly excluded from the provisions of the Fifth Schedule (related to Scheduled Areas)?
Assam, Meghalaya, Tripura, and Mizoram (these are covered under the Sixth Schedule).
What is ‘Democratic Decentralisation’?
Widening people’s participation, authority, and autonomy through devolution of powers from top to lowest levels (political, financial, administrative).
Which two Constitutional Amendments were major steps towards decentralised governance in India?
The 73rd (Rural - Panchayats) and 74th (Urban - Municipalities) Constitutional Amendment Acts.
What is the minimum age prescribed to be a member of a Panchayat?
21 years.
If a Panchayat is dissolved prematurely, for how long does the reconstituted Panchayat continue?
Only for the remainder of the period for which the dissolved Panchayat would have continued.
Under the Gram Nyayalayas Act, 2009, where are Gram Nyayalayas typically established?
For every Panchayat at the intermediate level or a group of contiguous Panchayats.
Where is the seat of the Gram Nyayalaya located?
At the headquarters of the intermediate Panchayat.
What types of cases can Gram Nyayalayas try?
Specified criminal cases, civil suits, claims or disputes (as listed in Schedules to the Act).
Can social workers be appointed as mediators/reconciliators in Gram Nyayalayas?
Yes, if they have the necessary qualifications.
What are the primary objectives of establishing Panchayati Raj?
Democratic decentralisation, ensuring social justice, local economic development, participation of people in development.
What does the PESA Act, 1996 stand for?
Panchayat (Extension to the Scheduled Areas) Act.
What is the main rationale behind the PESA Act?
To preserve the tribal population from exploitation with the active involvement of the Gram Sabha.
Under PESA, does the Gram Sabha have power over the alienation of land in Scheduled Areas?
Yes, it has the power to prevent alienation of land.
Under PESA, does the Gram Sabha have ownership rights over minor forest produce?
Yes.
Under PESA, is Gram Sabha recommendation required for granting mining leases for any mineral?
No, recommendation is required for granting prospecting license or mining lease for minor minerals only.
Which Constitutional Amendment introduced District Planning Committees (Article 243ZD)?
74th Amendment.
Which body is vested with the direction, control, and conduct of all elections to Panchayats (Article 243K)?
The State Election Commission.
