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Panchayati Raj Institutions - Part IX and Schedule 11 Inspired by Article…
Panchayati Raj Institutions - Part IX and Schedule 11
Inspired by Article 40 of Constitution
ATTRIBUTES
system of rural local self- government
building democracy at grass roots levels
constitutionalized through 73rd Constitutional Amendment Act, 1992
1st scheme of democratic decentralisation was formulated and implemented in Nagaur, Rajasthan in 1959.
EVOLUTION OF PRIs
Balwant Rai Mehta Committee
appointed in 1957 to examine the functioning of Community Development Program (CDP), 1952 and National Extension Service (NES), 1953
report recommended a systematic
'scheme of democratic decentralization'
specific recommendations are as follows
3 Tier PR system
Zila Parishad - District Level
Panchayat Samiti - Block Level
Gram Panchayat - Village Level
Direct Elections for Gram Panchayat members and Indirect Elections for members of PR at block and district level.
Panchayat Samiti shall be the pivot of PRI and Zila Parishad shall be the advisory body, headed by the DM/ Block was the fundamental unit of planning and development
Effective devolution of
3 Fs must take place- Funds, Functions and Functionaries
to PRIs by the state govt.
no single rigid pattern of PRIs was prescribed and much was left to the will of states.
Ashok Mehta Committee
Committee appoonted by the
Janata Govt
in 1977 and it submitted 132 recommendations
2 Tier PR System
Zila Parishad at District Level
Mandal Panchayat consisting of group of villages
district to be the first point of decentralisation
PRI to be given a compulsory power of taxation and raise their finances via taxation, fees, fines, etc.
regular social audit by district level agencies
announcement of elections before 6 months of super-cession by state legislature
Nyaya Panchayats should be de- hyphened from PRIs
Minister of PR should be appointed in the state cabinet
constitutional recognition to PRIs by the relevant act of Parliament
reservation of seats for SC/ST
GVK Rao Committee
Committee to review the existing Administrative Arrangements for Rural Development and Poverty Alleviation Programs, 1986
appointed by Planning Commission
PRIs = Grass without Roots
; due to bureaucratization over decentralization
specific recommendations are as follows
district should be the first point of decentralization, proper unit of planning and development
transfer of development functions from state levels to district levels for effective decentralization
post of District Development Commissioner must be created who will function in the capacity of CEO of the district (to remove bureaucratization)
LM Singhvi Committee
appointed by Rajiv Gandhi Government in 1986 to create a concept paper on
'Revitalizing of PRIs for Democracy and Development'
specific recommendations
PRI should be constitutionally recognized
Nyaya Panchayats for a cluster of villages
Judicial Tribunals in each state to adjudicate on election disputes relating to PRIs
Thungaon Committee
constituted in 1988 as a subcommittee to Consultative Committee of Parliament
specific recommendations
constitutional recognition of PRIs
3 Tier model for PRI should be implemented with Zila Parishad as the basic unit of decentralization.
PRI should have a tenure of 5 years with maximum period of super- session equal to 06 months.
preparation of a detailed list of subjects to be included in the Constitution that'll give a statutory mandate to PRIs for various development activities.
reservation of seats at all the 3 levels of PRIs for SC/ST and women
Establishment of a State Finance Commission to advise State Legislature on devolution of funds and accentuating the Financial autonomy of PRIs
Gadgil Committee
constituted in 1988 by Congress Party
dealt with the question -
"How the PRIs could be made effective?"
specific recommendations
constitutional status, 3 tier system, 5 year term, direct election of members at all levels, reservation, list of subjects should be specified in Constitution, financial powers with PRIs,
State Finance Commission, State Election Commission
Constitutionalization of PRIs - A Chronology
A)
64th Constitutional Amendment Bill, 1989 passed by Rajiv Gandhi Government ---> Passed in LS and failed to be passed in RS
B)
A constitutional amendment bill was contemplated during the Nation Front Government during the time of VP Singh govt but couldn't fructify due to the fall of the VP Singh Govt
C)
73rd CAA was passed in 1992 that constitutionalized PRI and added 11th Schedule, Part IX and Articles 243 - 243 O into Indian Constitution.
Salient Features of PRIs
Gram Sabha- it is a body comprising of all the members registered in the electoral role of the villages that comprise the Gram Panchayat. It's functions and powers are determined by the State Legislature.
A uniform 3 Tier System
Election of members at different levels
Members at all the 3 levels are elected directly
Chairmen of Zila Parishad at district level and Panchayat Samiti at block level are elected indirectly from among the members and by the members.
Chairman of Gram Panchayat is elected by the method prescribed by the state legislature.
Reservation of seats
The act provides for reservation of seats of members and chairmen at all the three levels of the PRI for SC/STs, in proportion of the population. Also, the act provides for reservation of 33% for women at all the levels of PRI and for the post of chairmen at all the levels.
Duration of the Panchayat
The act provides for the duration of the Panchayat to be 5 years in normal circumstances and if, the Panchayat is prematurely dissolved, elections must be held within 6 months from the date of dissolution.
Also, if Panchayat is dissolved at a time when it's remainder term was less than 06 months, then, no elections are held to constitute a Panchayat for a term less than 06 months and a new Panchayat is elected as per the election schedule,.
If a Panchayat is constituted after a premature dissolution of the previous Panchayat, then it doesn't enjoy a full term but stays in power for the remainder of the original term of the previous Panchayat.
State Election Commission
has the power of administration, superintendence and control of preparation of electoral rolls and conduct of elections at PRIs. The State Election Commissioner is appointed by the Governor and his removal procedure is similar to the judges of HC.
State Finance Commission
Appointed by the Governor of the state after every 05 years, to review the financial health of the Panchayats. The State Legislature decides the qualification of the members of State Finance Commission.
Audit of Accounts
isn't done by CAG and the nature of Audit of PRI and the authority undertaking such Audit, is decided by State Legislature.
Extension to UTs
provision of the Act can be extended to UTs in either their original form or their modified form, with the consent and permission of the President.
Reasons of Ineffective Performance of PRIs
Lack of devolution of 3Fs
Excessive meddling and control by Bureaucracy
Reluctance to use Fiscal power by the members of PRIs due to social factors
Lack of expertise of members of PRI in policy formulations and decision making increases their dependence on bureaucrats.
Weak nature of Gram Sabhas reduces the power of the masses to conduct social audits and take part in policy formulations.
Poor physical and digital infrastructure