Development of Panchayat Raj Institutions in the Post Constitution Period

A constituent assembly was organized to draft a Constitution for the new Nation. In the first drafts of the Constitution, no mention was made of the village panchayats. Gandhi deplored this omission and called for immediate attention if our independence is to reflect the people’s voice. The greater the power of Panchayats, the better for the people’, he said. Accordingly, 40 was incorporated as one of the Directive Principles of State Policy in the Indian Constitution. The same States that the State shall take steps to organize village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-Government.

In the planned socio-economic development of the country, the panchayats have been entrusted with new responsibilities. They are now the agencies for the execution of development plans and policies. Their new role in national development has been made clear in the first, second and third Five –Year Plans of the Government.

First Five-Year Plan (1951 – 56)

The first Five-Year Plan devoted primarily to the development of agricultural resources and rural welfare. The success of rural development program largely depend on the village Panchayat as an active unit in its implementation.

This unit should therefore represent the community as a whole. With Government assistance and guidance, this  agency could also effectively unite the people in common projects for village welfare.

The number of panchayats increased from 83,093 in 1950-51 to 117,593 in 1955-56. In the States of Punjab, Uttar Pradesh and Mysore, every village had a panchayat. A number of panchayats were reputed to have provided effective leadership. Many examples can be given of the panchatat’s substantial contribution in voluntary labour(Shramdan) for road building.

Second Five-Year Plan (1956-61)

The second Five-Year Plan stressed the importance of panchayats in co-operation and in the national extension and CDPs. The plan also emphasized the development of the village along co-operative lines. Ultimately the economic prosperity of the country would depend on the effective functioning of panchayats.

The reconstruction of the village along co-operative lines implies.

Firstly: A more or less homogeneous social structure in which different sections of the community have equal opportunities is brought into existence.

Secondly: The economic basis of village life is greatly expanded. Measures relating to land reform, development of village industries, establishment of village panchayats have to be considered in relation to these two basic objectives. The agency which provides direction and leadership in the village is the panchayat.

Third Five-Year Plan (1961-66)

The third Five-Year Plan noted that legislation for democratic decentralization (panchayat raj) at the village, block and district levels had already been enacted in a number of States. Other States were also expected to pass similar laws for democratic decentralization. It was regarded as the ‘fruition of a general approach’ suggested in the first and second five-year plans. Major responsibility for the implementation of development work at the block level was placed on the block Panchayat Samiti. This body should work closely with the Village Panchayat and Zilla Parishad (the unit at the district level). Four criteria were set for successful projects through democratic decentralization at the district and block levels:

1. Each Panchayat Samiti and panchayat should mobilize local man-power and other resources and elicit people’s co-operation;
2. It is the responsibility of District administration for making supplies and services available at the right time according to the accepted programs;
3. Panchayat Samitis and panchayats should stress increased agricultural production and
4. Panchayat Samitis and panchayats should emphasize measures to raise the level of living of the less privileged sections.

Many States evolved their own pattern of decentralization suitable to local conditions to meet the target set and to fulfill the objects of the third Five-Year Plan.

Experiments in Democratic Decentralizations

(1) A new distribution of responsibilities : from Centralization to De-Concentration

The first major trend in decentralization was administrative de-concentration. In the context of de-concentration process, different ministers transfer their functions and authority to regional and/ or local outposts. This limited form of  decentralization only concerns relations between central level organs and their lower tiers. De-centralization means that decision-making remains at the Centre, the other levels of Government being limited to transmitting orders and implementing decisions.

Though decisions regarding crucial issues are made at the centre, the levels with de-concentrated authority can by delegation, make decisions concerning less important issues. When they initiate a de-concentration process, Government seek mostly to bring their services closer to citizens either by moving part of their personnel to a particular location or by assigning some responsibilities to regional or local authorities, while retaining administrative control over decisions taken locally.

(2)Disengagement of the State, Economic Liberalization and Decentralization

Governments have tried to overcome the flaws of de-concentration by transferring decision making powers, not to local levels of central Government organs or semi-autonomous public agencies, but rather to elected officials of local jurisdictions. Decentralization of devolution is therefore, the transfer of functions, resources and decision-making to citizens themselves, who would exercise the powers ceded to either their local Government or to their representative organization.

This trend toward devolution is a transition from administrative decentralization to political decentralization. There is political decentralization when the subnational jurisdiction have independent revenue sources and their leadership is elected by universal suffrage. Administrative decentralization means that the decentralization jurisdiction remains under the supervision of the State and that it does not have enough autonomy in the use of its resources. Administrative decentralization is thus associated more with the notion of de-concentration while political decentralization involves a true devolution of powers.

(3) Accountability and Institution Building for Local Jurisdictions and Civil Society Organizations: Participation, Consultation and Partnership

Devolution involves the transfer of powers to a local institution or association, with broad autonomy, legal status and which is representative. To take its full meaning, this form of decentralization has to be accompanied take its full meaning, this form of decentralization has to be accompanied by mechanisms which institute popular participation in the process of decision-making. It means also that accountability of civil servants and elected officials to citizens should be integrated into the process.

Devolution involves participation and participation in turn leads to the search for new forms of association or partnerships between local actors. Partnership is the most recent trend in decentralization, which has started to establish itself as the new deal in rural and local development. This approach recognizes that besides public institutions and their new functions, other local actors (professional or representative organizations, private sector, or other NGOs) should be included in decision-making processes and accountability.

Reports of Balwant Rai Mehta Committee, Ashok Mehta Committee and So on

The Government of India appointed a committee to examine the working of the CDP and the National Extension Service and to suggest measures for their better working. The Chairman of the committee was Balwant Rai G. Mehta. The committee submitted its report in 1957 and recommended the establishment of the scheme of ‘Democratic Decentralization’ which ultimately came to be known as ‘Panchayat Raj’. The main recommendation of the committee was the establishment of three-tier Panchayat Raj System:-

1. Gram Panchayat at the village level;
2. Panchayat Samiti at the block level and
3. Zila Parishad at the district level.

The following are the other recommendations of the committee:

1. The development work within a local area was to be entrusted to a statutory constituted body known as Panchayat Samiti;
2. The Panchayat Samiti was to be constituted of the President of the Panchayats and some co-opted members from Schedule Castes and Tribes and Women and so on;
3. The Zilla Parishad was to consist of all the Chairman of the Panchayat Samitis and MLAs and MPs from the District and some co-opted members;
4. The budget of the Panchayats was to be scrutinized by the Panchayat Samiti and those of Panchayat Samitis by the Zilla Parishad;
5. The Panchayat Samiti was to enjoy independent source of revenue.
6. The Block Development Officer had to work as the Executive Officer and Secretary of the Panchayat Samiti;
7. At the village level, the Panchayats served as the main agency of development work;
8. The village level worker was to be the development secretary of the panchayats;
9. The State Government was empowered to exercise control over these bodies. It could suspend them;
10. Four-year term of Panchayati Raj institutions;
11. Participation of political parties in elections and
12. Any financial devolution should be committed to accepting.

The principal thrust of Balwant Rai Report was towards decentralization of democratic institutions in an effort to shift decision centres closer to the people to enable their participation and to put the bureaucracy under local popular control. The Report is a historical document and is considered as ‘the Master Blueprint of Panchayat Raj in India’.

The Ashok Mehta Committee called for a new approach towards Panchayat Raj stating the functional necessity for decentralization of administration. The committee said that where millions of people are involved and where the lot of the poor is sought to be improved through a very large number of micro projects, decentralized administration is an unavoidable necessity. At the same time, in order to remain continuously sensitive to popular will and aspirations, it requires democratic supervision.

The main recommendations of the committee were the following:

1. The District should be the first point decentralization under popular supervision below the State level. Below the District, there should be Mandal Panchayats comprising a group of villages with a total population of 15,000-20,000. The Block level Panchayat Samitis should be converted into non-statutory executive committees of Zila Parishad and most of their functions would be taken up by Mandal Panchayats when the latter becomes active.
2. Election to Panchayati Raj bodies should be conducted by the Chief Election Officer of the State in consultation with the Chief Election Commissioner political parties should be allowed to participate in the elections as it would ‘facilitate healthier linkages with higher level political process’.
3. With the District as the strategic level for economic planning, the Zilla Parishad should be made responsible for planning at the district level. A professionally qualified team should be stationed at the district level. A professionally qualified team should be stationed at the district level for the preparation of district plans.
4. The Zilla Parishad should consist of six types of members, namely, members elected from suitably demarcated electoral divisions Presidents of Panchayat Samitis as ex officio members, nominees of bigger municipalities, nominees of district level co-operative federation, two women who get the highest number of votes in the Zilla Parishad elections and two co-opted members – one who is specifically interested in rural development and other drawn from the university/College teachers.
5. All the development functions relating to a district  would have to be placed under the Zilla Parishad. Some of the functions which could be so decentralized include agriculture and allied sectors, health, education, communications, rural industries, marketing, welfare of backward classes, family welfare and so on.
6. Mandal Panchayat would be responsible for implementation of schemes and projects assigned by Zilla Parishad.
7. The most significant recommendation of the committee was the two-tier Panchayati Raj System. According to the recommendation, the Zilla Parishad at the district level was to be established as the first point of decentralization. It recommended the formation of Mandal Panchayats. A Mandal Panchayat was conceived to cover a group of villages, which would make necessary links with the system in developing focal points.

The most significant recommendation of the committee was the two-tier Panchayati Raj System. According to the recommendation, the Zilla Parishad at the district level was to be established as the first point of decentralization. It recommended the formation of Mandal Panchayats. A Mandal Panchayat was conceived to cover a group of villages, which would make necessary links with the system in developing focal points.

Emergence of Panchayat Raj with Constitutional System

In India, the Panchayati Raj generally refers to the system introduced by Constitutional Amendment in 1992, although it is based on the traditional panchayat system of South Asia. The Panchayati raj System was formalized in 1992, following a study conducted by a number of Indian committees on various ways of implementing more centralized administration.

Mahatma Gandhi advocate Panchayat Raj as the foundation of India’s political system, as a decentralized form of Government in which each village would be responsible for its own affairs. The term for such a vision was Gram Swaraj (village self-governance). Instead, India developed a highly centralized form of Government. However, this has been moderated by the delegation of several administrative functions to the local level, empowering elected gram panchayats. There are significant differences between the traditional Panchayati Raj System that was envisioned by Gandhi and the system formalized in India in 1992.

In India, the Panchayati Raj as a system of governance in which gram panchayats are the basic units of local administration. The system has three levels: (i) Gram Panchayat (village level), (ii) Mandal Parishad Panchayat Samiti (block level) and (iii) Zilla Parishad (District level). It was formalized in 1992 by the 73^rd amendment to the Indian Constitution.

A gram panchayat is a village level administrative body with a Sarpanch as its elected head. The members of the gram panchayat are elected for a period of 5 years by the members of Gram Sabha. A panchayat Samiti (block panchayat) is a local governing body at the Trunk level. The Panchayat Samiti is the link between the Gram Panchayat and the district administration. The governing of the advance system at the district level in Panchayat Raj is also popularly known as Zilla Parishad. The chief of administration is an officer of the IAS cadre.

Seventy-Third Constitutional Amendment

The Constitution (73^rd Amendment) Act, 1992 came into effect from 24 April 1993. This amendment has in effect made the transfer of power to Panchayats a part of the most basic document of this nation – the Constitution of India.

The amendment required all the States to amend their respective Panchayat legislations to conform to the Constitution Amendment within 1 year and to hold elections by April 1995. All the States compiled and adopted new Panchayat legislation by 23 April 1994.

The following are the special features of the Amendment:

          (1)             Gram Sabha

Gram Sabha is a body consisting of persons registered in the electoral roll of a village or a group of villages which elect a Panchayat. The Act restored the important role of the Gram Sabha.

Article 243A States that:

“A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may, by law, provide.”

It is now clear that the primary source of democratic power is a village. A vibrant and enlightened Gram Sabha is central to the success of the Panchayat Raj System. It is also expected that the Gram Sabha will be an active institution for development activities based on local needs.

          (1)             Three- tier system

The Act provides for a uniform three-tier system of panchayats (village, intermediate and district level). Only the states with population less than 20 lakhs are not required to establish a panchayat at the intermediate level.                                               

(2)             Reservation of Seats

The Act provides for reservation of seats for Scheduled Castes and Scheduled Tribes in every panchayat in proportion to their population. One-third of seats reserved for Scheduled Castes and Scheduled Tribes are also reserved for women. Not less than one-third of the total numbers of seats to be filled by direct elections are reserved for women. And such seats are allotted by rotation to different constituencies.

The offices of the chairpersons in the panchayats at the village or any other level are reserved for Scheduled Castes and Scheduled Tribes in proportion to their population. One-third of the total numbers of offices of chairpersons in the panchayats at each level are also reserved for women.

          (3)             Composition of Panchayats

Direct election to the panchayats is one of the distinguishing features of this Amendment. Persons chosen through direct election from territorial constituencies fill at the seats in a panchayat. The chairperson at the village level is elected in a manner provided by the legislature of the State concerned. The chairperson at the intermediate and district levels are elected by and from among the elected members.

          (4)             Duration of Panchayats

The duration of every panchayat is for a period of 5 years. If it is dissolved for any reason before the end of this period, elections are held within 6 months. The reconstituted panchayat functions for the remaining period of a total of 5 years.

          (5)              Conduct of elections

The superintendence, direction and control of the preparation of electoral roll for, and the conduct of, all elections to the panchayats are vested in the State Election Commission. The State Election Commission is also responsible for conducting election.

          (6)             Finance Commission

In order that enough funds are available with the panchayats for initiating various development activities, the Constitution (73^rd Amendment) Act, 1992 provides for the Constitution of a Finance Commission in every State. This Commission was to be constituted by the Governor of each State within 1 year from the commencement of the Constitution Act, 1992 and subsequently at the end of every 5 years. The Commission is expected to be responsible for reviewing financial conditions of panchayats and for making related recommendations to the respective Governors.

(7)   Development activities

The Act gives powers and responsibilities to the panchayats to plan and execute economic development programmes. It involves making plans for economic development, social justice and implementation of schemes listed in the eleventh schedule to the Constitution. The activities earmarked for Panchayat Institutions may be grouped under five categories for academic purposes:

i)                 Economic development;

ii)              Education;
iii)             Health;

          (1)             Welfare, including women and child development an

          (2)             Infrastructure Development

Conclusion

The analysis of the 73^rd Amendment reveals that the Panchayat Raj institutions had to be vested with such authority and power as would enable them to function as effective institutions of self-Government. It implies that they have to be democratic in nature (through regular and mandatory elections) with allocated values, priorities and policies necessary to make them effective institutions of self-Government. The analysis also reveals that Panchayat Raj Institutions are to act as welfare Government which implies that they have to initiate, plan and execute development activities and bring about social justice.

It appears that between the enactment of the 73^rd Amendment and the subsequent State legislations, the necessary amount of thought could not be given to outline the legislative requirements for a successful implementation. The most glaring omission in the State Acts relates to the devolution of functions to the panchayats. The States Acts have merely reproduced the eleventh schedule (which lists 29 development activities transferable to panchayats). But few have ear-marked any of the functions/activities of the schedule as the exclusive jurisdiction of the panchayats. Consequently, there has been no substantial devolution of administrative and financial powers. The role of panchayats has in reality been reduced to that of agencies of State Government meant to implementation various development programmes and schemes.

The following are perhaps the basic pre-requisites for materializing the concept of democratic decentralization through the Panchayat Raj System:

1. Adequate financial, administrative and technical support to the local organization;
2. Availability of financial assistance/resources;
3. Strong local self-Government institutions with authority vested in elected representatives of people;
4. Positive attitude of bureaucracy and
5. Effective monitoring and evaluation systems.

One can safely conclude that the post 73^rd Constitution Amendment scenario presents a mixed picture, on the one hand, the necessary devolution of powers and authority has not taken place in letter and spirit. On the other hand, 34 lakh elected representatives have occupied their position in the multi-tier set up of the panchayats throughout the country. We have to wait a long way to realize Gandhiji’s dream of ‘Gram Swaraj’ through the Panchayat Raj System in India.

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--Dr. Deepak Miglani