Panchayats, Municipals And Cooperatives Flashcards
Panchayati Raj institutions
Gandhi’s view: my idea of village Swaraj is that it is a complete republic independent of its neighbours for its own vital wants
Nehru’s view: India is poor because the villages of India are poor. India will be rich if the villages of India are rich. Panchayat should be given greater powers, for we want the villagers to have a greater measure of Swaraj (self governance) in their own villages.
The panchayati Raj in India signifies the system of rural local self government
It has been established in all states of India by the acts of state legislature to build democracy at the grassroot level
It is entrusted with rural development
It was constitutionalised via the 73rd constitutional amendment act of 1992
April 24 is celebrated as panchayati Raj day
Committees
Balwant Rai Mehta committee:
January 1957
Submitted its report in November 1957
Committee to examine the working of community development programme of 1952 and the national extension service of 1953
Recommendations:
Establishment of scheme of democratic decentralization ultimately came to be known as Panchayat Raj
3 tier panchayati Raj system
Rajasthan was the first state to establish panchayati Raj
The scheme was inaugurated by PM on October 1959 in Nagaur district
After Rajasthan, Andhra Pradesh adopted the system in 1959.
Ashok Mehta committee:
In December 1977
By Janata government
Appointed committee on panchayati Raj institutions under the chairmanship of Ashok Mehta
It submitted is report in August 1978
It made 132 to recommendations
A 3 tier system of panchayati Raj should replace the 2 tier system
GVK Rao committee:
Recommended making district as basic unit of planning and also holding regular elections
LM sanghvi committee:
Recommended providing more financial resources and constitutional status to panchayats to strengthen them
Thungon committee:
In 1988
Chairperson PK Thungon
To examine political and administrative structure in district for purpose of district planning
Recommendations:
Panchayati Raj bodies should be constitutionally recognised
A 3 tier system of panchayati Raj with panchayat at village block and district levels
Zilla Parishad should be pivot for panchayati Raj system. It should act as planning and development agency in district
Maximum period of super session of body should be 6 months
Planning and coordination committee should be set up at state level under the chairmanship of minister for planning. Presidents of Zilla Parishad should be its members
A detailed list of subjects for panchayati Raj should be prepared and incorporated in the constitution
Reservation of seats in all 3 tiers should be on the basis of population (reservation for women)
A state finance commission should be set up in each state
District collector should be cheap executive officer of Zilla Parishad
Gadgil committee:
In 1988
Chairperson VN gadgil
To check how the panchayati Raj institutions could be made more effective
Recommendations:
Constitutional status to be bestowed on panchayati Raj institutions
3 tier system of panchayati Raj with panchayat at village block and district levels
Term of panchayati Raj should be 5 years
Members of panchayats at all three levels should be directly elected
Reservations for SCs, STs and Women
Panchayati Raj have responsibility of preparation and implementation of plan for socio-economic development
Panchayati Raj bodies should be empowered to levy, collect and appropriate taxes and duties
Establishment of state finance commission for allocation of finances to the panchayats
Establishment of state election commission for the conduction of elections to panchayats
Constitutionalisation of the panchayati Raj institutions
Rajiv Gandhi government in July 1989 introduced the 64th constitutional amendment Bill in Lok Sabha
The National front government, in November 1989, soon after assuming office under the prime ministership of VP Singh, announce that it would take steps to strengthen the panchayati Raj institution
Narasimha Rao government (INC) once again considered the matter of constitutionalising panchayati Raj bodies. The bill finally emerged as the 73rd constitutional amendment act of 1992 and came into force on 24th April 1993, hence it is celebrated as panchayati Raj day
73rd constitutional amendment Act of 1992:
Addition to the part 9 of the constitution of India
The panchayats consist of provisions from articles 243 to 243 O
In addition a new 11th schedule was added to the constitution
The schedule contains 29 functional items of panchayats
It deals with article 243 G
The act has given a practical shape to article 40, that the state shall take steps to organised the village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self government (part of DPSP)
11th schedule
29 functional subjects:
Agriculture
Land improvement (land reforms, land consolidation, soil conservation)
Minor irrigation, water management and watershed development
Animal husbandry, dairy 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, waterways and other means of communication
Rural electrification and distribution of electricity
Non conventional energy resources
Poverty alleviation program
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 (hospitals, primary health centres and dispensaries)
Family welfare
Women and child development
Social welfare (including the welfare of the handicapped and mentally retarded)
Welfare of the vehicle sections (in particular SCs and STs)
Public distribution system
Maintenance of community assets
Compulsory and voluntary provisions
Compulsory provisions:
Organisation of gram Sabha in a village or group of villages
Establishment of panchayats at the village, intermediate and district levels
Tilak elections to all seats in panchayats at the village intermediate and district levels
Indirect elections the post of chairperson of panchayat at the intermediate and district level
21 years to be the minimum age for contesting elections to panchayats
Reservation of seats (for members and chairpersons) for SCs and STs in panchayats at all the three levels
Reservation of ⅓ (both members and chairpersons) for women at Panchayat at all three levels
Fixing tenure of 5 years for panchayats at all levels and holding fresh elections within 6 months in the event of super session of any Panchayat
Establishment of a state election commission for conducting elections to the panchayat
Constitution of a state finance commission after every 5 years to review the financial position of the panchayats
Voluntary provisions:
Giving representation to members of the Parliament (both houses) and the state legislature (both houses) at different levels falling within their constituencies
Providing reservation of seats (both members and chairpersons) for backward classes in panchayats at any levels
Granting powers and authority to the panchayats to enable them to function as institutions of self government (making them autonomous)
Devolution of powers and responsibilities upon Panchayat to prepare plants for economic development and social justice; and to perform some are all of the 29 functions listed in the 11th schedule of the constitution
Granting financial powers the panchayats, that is, authorising them to levy, collect and appropriate taxes, duties, tolls and fees
Salient features of Panchayati Raj institutions
Gram Sabha
3 tier system
Election of members and chairpersons
Reservation of seats
Duration of panchayats
Disqualifications
State Election Commission
Powers and functions
Finances
Finance commission
Audit of accounts
Application to Union Territories
Exempted states and areas
Criticism of the panchayati Raj institutions
Lack of proper decentralisation
Lack of proper devolution
Lack of adequate finance
Lack of trained functionaries
Political interference
Municipalities
Responsibilities conferred by State Government: urban planning, water supply, public health and fire services
System of urban government was constitutionalized via the 74th constitutional amendment Act of 1992
At the Central level, the subject of urban local government is dealt with by 3 ministries: ministry of urban development, ministry of defence in case of cantonment boards, ministry of home affairs in the case of union territories
Historical perspective of municipalities
Developed in modern India during the British rule
In 1687 to 88, first municipal corporation in India was set up at Madras
In 1726, the municipal corporation were set up in Bombay and Calcutta (Lord Mayo’s resolution of 1870 on financial decentralization visualised the development of local self government institutions)
Lord Ripon’s resolution in 1882 has been held as the Magna Carta of local self government. He is considered to be the father of local self government
Royal Commission on decentralisation was appointed in 1907 and is report was published in 1909. Its chairman was Hobhouse
Under the Dyarchical scheme, it was introduced in provinces by the GOI act of 1919. Local self government became a transferred subject under the charge of a responsible Indian minister
In 1924, cantonments Act was passed by the central legislature
Under the provincial autonomy scheme introduced by GOI Act of 1935, local self government was declared provincial subject
Constitutionalisation of municipalities
In August 1989, Rajiv Gandhi government introduced the 65th constitutional amendment bill, i.e. the Nagar Palika bill in Lok Sabha
The aimed at strengthening and revamping municipal bodies by conferring a constitutional status on them
Although the bill was passed in Lok Sabha. It was defeated in Rajya Sabha in October 1989 and hence, it lapsed.
The national front government under VP Singh introduced the revised Nagar Palika bill in Lok Sabha again in September 1991
However the bill was not passed and finally it lapsed due to The dissolution of Lok Sabha
PV Narasimha Rao government also introduced the modified municipalities bill Lok Sabha in September 1991
It finally emerged as 74th constitutional amendment act of 1992 and came into force on 1st June, 1993
74th constitutional amendment act:
Added to the new part 9 of the constitution of India (articles 243P to 243ZG)
This act also added a new 12th schedule to the constitution
State governments under constitutional obligation to adopt the new system of municipalities in accordance with provisions of the act
The act aims at revitalising and strengthening the urban government so that they function effectively as units of the local government
Salient features
Three types: nagar panchayat (traditional area, from a rural area to an urban area)
Municipal Council (for a smaller urban area)
Municipal corporation (for a larger urban area)
Composition
Members directly elected by the people
Municipal area shall be divided into territorial constituency to be known as wards
Also provides for the representation of persons in municipality
Special knowledge or experience in municipal administration without the right to vote in the meeting of municipality
Chairpersons of committees,
Ward committees
Reservation of seats
Duration of municipalities
Provisions
Disqualification
State Election Commission
Powers and functions
Finances
Audit of account
Application to Union Territories
Exempted areas
District planning committee
Metropolitan planning committee
Cooperative societies
Cooperation dates back as far as human beings have been organising for mutual benefit
Tribes were organised as cooperative structure, allocating jobs, resources among each other, only trading with the external communities
Cooperative society:
A voluntary association of people working together with a common economic objective and providing support to the members.
It relies on self help and mutual help
It has a non profit motive
Pulling individual resources for group welfare and common benefit
The 97 constitutional amendment Act of 2011 gave a constitutional status and protection to cooperative societies.
It made the following three changes in the constitution:
It made the right to form cooperative societies a fundamental right according to article 19
It included a new DPSP on promotion of cooperative societies according to article 43 B
It added a new part 9B, entitled The Cooperative Societies (articles 243 ZH to 243 ZT)
According to the 97th constitutional amendment act of 2011, subjects enumerated in entry 32 of the state list of seventh schedule
Features of cooperative society:
Voluntary association, open membership, separate legal entity, limited liability, service motive, disposal of surplus, democratic form of society
Provisions:
Incorporation of cooperative societies
Number and term of members of board and its office bearers
Election of members of board
Super session and suspension of board and interim management
Audit of accounts of cooperative societies
Convening of general body meetings
Right of member to get information
Returns: Every cooperative society shall file return within 6 months of the close of every financial year to the authority designated by the state government. Their returns shall include an annual report of its activities, its audited statement of accounts, plan for surplus disposal as approved by the general body of the cooperative society, list of amendments to the by laws of the cooperative society, declaration regarding date of holding of its general body Meeting and conduct of elections when due, any other information required by the register in pursuance of any of the provisions of the state act
Offences and penalties
Application to multi State cooperative societies
Application to Union Territories
Continuance of existing laws
