The concept of Panchayati Raj in India represents a system of rural local self-government, functioning at the grassroots level to ensure democratic decentralization. Its institutionalization occurred with the 73rd Constitutional Amendment Act of 1992, though its origins and evolution date back to multiple reforms and studies over several decades.
1. Balwant Rai Mehta Committee (1957):
Important Note: The National Development Council accepted these recommendations in 1958, leading to different implementations across states, with variations in the number of tiers and the relative power of Samiti and Parishad.
2. Study Teams and Committees:
Several committees were established to address various aspects of Panchayati Raj:
This committee, under the Janata Government, made 132 recommendations aimed at reviving the system:
1. Two-Tier System: Replacing the three-tier system with Zila Parishad at the district level and Mandal Panchayat at the village level (comprising a group of villages).
2. District-Level Decentralization: District as the first point of decentralization under popular supervision.
3. Compulsory Taxation Powers: Panchayati Raj institutions should have compulsory powers to mobilize their financial resources.
4. Political Participation: Encouraged political party participation at all levels of elections.
5. Separate Nyaya Panchayats: Judicial Panchayats should be distinct from development panchayats.
Despite these forward-thinking recommendations, no central action was taken due to the fall of the Janata Government. However, states like Karnataka, West Bengal, and Andhra Pradesh implemented reforms inspired by the committee’s suggestions.
Appointed by the Planning Commission, this committee sought to reverse the bureaucratic control over development and proposed the following:
1. Zila Parishad: Should be the pivotal body for district-level planning.
2. Regular Elections: Emphasized the necessity of regular elections for Panchayati Raj institutions.
This committee proposed granting constitutional status to Panchayati Raj institutions, ensuring their regular functioning and free, fair elections.
The process of constitutionalizing Panchayati Raj began with Rajiv Gandhi’s government, which introduced the 64th Constitutional Amendment Bill in 1989. Though the bill was passed in the Lok Sabha, it was rejected by the Rajya Sabha. Later, Narasimha Rao’s government successfully enacted the 73rd Constitutional Amendment Act in 1992, bringing Panchayati Raj institutions under the Constitution.
The 73rd Amendment introduced several significant provisions aimed at strengthening rural governance:
1. Gram Sabha: Established as the foundation of Panchayati Raj, consisting of registered voters at the village level.
2. Three-Tier System: Mandated the creation of Panchayats at the village, intermediate, and district levels, ensuring a uniform structure across the country.
3. Reservation of Seats: Ensured reservation for SCs, STs, and women in Panchayats, guaranteeing social inclusion.
4. Duration: Fixed a five-year term for Panchayats, with fresh elections within six months in the case of dissolution.
The financial empowerment of Panchayati Raj institutions remains a critical issue. Despite the constitutional mandate, states have largely failed to adequately devolve funds, functions, and functionaries (the 3Fs) to local bodies. Panchayats remain highly dependent on government grants and have limited capacity for internal resource generation.
| Panchayati Raj Financial Challenges | Description |
|---|---|
| Lack of Devolution | States haven’t adequately transferred the 3Fs to Panchayats. |
| Dependence on Grants | Panchayats rely heavily on state and central grants. |
| Weak Taxation Power | Panchayats are often reluctant to use fiscal powers such as property taxes. |
Important Note: The State Finance Commissions (SFCs) play a vital role in reviewing the financial position of Panchayats and suggesting measures to improve it. However, their recommendations are often not implemented.
The Provisions of the Panchayats (Extension to the Scheduled Areas) Act (PESA) aimed to ensure self-rule for the tribal population in Scheduled Areas. The act extended the provisions of the 73rd Amendment to these areas, with certain modifications:
1. Customary Law: State legislation must be consistent with customary laws and traditional practices.
2. Role of Gram Sabha: The Gram Sabha has a pivotal role in approving development plans and safeguarding community resources.
3. Land Acquisition: Consultation with Gram Sabha is mandatory before land acquisition for development projects.
This act was particularly aimed at promoting participatory democracy in tribal areas, ensuring the protection of tribal rights and traditions.
What was the primary recommendation of the Ashok Mehta Committee regarding the structure of Panchayati Raj?
Answer: c) Replacement of the three-tier system with a two-tier system.