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T he term Panchayati Raj in India signifies the system of rural local self government. It has been established in all the states of India by the acts of the state Legislature to build democracy at the grass-root level. It is interested with the ruler development. It was constitutionalised the 73rd Constitutional amendment act of 1992.The 73rd Constitutional Amendment act of 1992This act has added a new part - IX and inserted into a new 11th Schedule of the Constitution of India. This part is entitled as the Panchayat and consists of provision from article 243 two 243O. The amendment has empowered Article 40 ‘The Directive Principle of State Policy’ of the Constitution of India which says that the state shall take steps to organise village panchayats and Indo them with such power and authority as may be necessary to enable them to function as units of self government.Salient feature of Panchayati Raj systemGram Sabha: The egg whites for a gram sabha at the foundation of Panchayati Raj system. It is a body consisting of persons of a village comprised within the area of Panchayat at village level. It may exercise such powers and perform such person as the Legislature of state determines. Three tier system: The act provides for three tier system of Panchayati Raj with every state, i.e, Panchayats at the village, intermediate, district levels.Election of members and chairperson: All member of Panchayat at the village, intermediate and district level should be elected directly by the people. Further soma the chairperson of panchayats at the intermediate and district level shall be elected directly.Reservation of seats: The act provides for reservation of seats for schedule caste and schedule tribe in every Panchayat in proportion of their population to the total population in the Panchayat area.The act provides for reservation of not less than one third of the total number of seats for women (including the number of seats reserved for women belonging to SC and STs).Duration of Panchayats:The act provides for five-year term of office to the Panchayat at every level. However, it can be dissolved before the completion of his term.Disqualifications:A person shall be disqualified for being chosen as power for being member of Panchayat if he is so disqualified, (a) under any law for the time being in force for the purpose of election to the legislature of the state concerned, or (b) under any law made by the state legislature.State Election Commission:The superintendence, direction and control of preparation of electoral roll and the conduct of all elections to the Panchayat shall be vested in the state election commission. It consist of a state election commissioner to be appointed by the governor. His conditions of service and tenure of office shall also be determined by the governor. He said not be removed from the office except in manner and on the ground prescribed for the removal of Judge of the state High Court. His conditions of service shall not be varied to his advantage after his appointment. Power and function:The State Legislature main door the panchayats with such power and authority as may be necessary to enable them to function as institutions of self government. Such a scheme may contain provisions for the devolution of powers and responsibilities upon Panchayat at appropriate level with respect to (a) The preparation of plans for economic development and social justice; (b) The implementation of schemes for economic development and social justice as may be interested to them, including those in relation to the 29 met are listed in the 11th schedule.Finance:State state legislature may (a) assign to Panchayat taxes, duties, tolls and fees; (b) assign to Panchayat taxes, duties, tolls and fees levied and collected by the state government; (c) provide for making grant in aid to the panchayats from the consolidated fund of the state; and (d) provides for constitution of funds for crediting all money of the panchayats.Finance commission:The governor of a state cell, after every five years, constitute a finance commission to review the financial position of the panchayats. It shall make the following recommendations to the governor:1. The principles that should govern: (a) The distribution between the state and the Panchayat of the net proceeds of the taxes, duties, tolls and fees leave it by the state and allocation of scarce among the Panchayat at all levels. (b) The determination of taxes, duties, tolls and fees that may be assigned to the Panchayats. (c) The grant in aid to the panchayats from the consolidated fund of state.2. The major needed to improve the financial position of Panchayat.3. Any other matter referred to it by the governor in the interest of sound finance for the Panchayats.Audit of accounts:The state legislature make provisions with respect to maintenance of accounts by panchayats and the auditing of such accounts.Application Union Territories:The provisions of this part are applicable to the union territories. But, the President may direct that they would apply to the union territories subject to the exceptions and modifications as he may specify.Exempted states and areas:The act does not apply to the states of Nagaland, Meghalaya and Mizoram and certain other areas. This area include, (a) The scheduled areas and tribal areas in the state; (b) The hill areas of Manipur for which district council exists; and (c) Darjeeling District of West Bengal for which Darjeeling Gorkha Hill Council exists.Continuation of existing laws and Panchayats: All the state laws relating to panchayats shall continue to be in force until the expiry of one year from the commencement of this act. In other words, The state have to adopt a new Panchayati Raj system based on this act within the maximum period of one year from 24 April 1993, which was the date of commencement of this act. However, all the Panchayat adjusting immediately before the commencement of the act shall continue till the expiry of the term, unless dissolved by state by legislature. Bar to interference by force in electoral matter:The act bars the interference by courts in the electoral matter of panchayats. It declares that the validity of any law relating to the delimitation of constituencies all the allotment of seats to such constituencies cannot be questioned in any court. It further lays down that no election to any Panchayat is to be questioned as said by an election petition presented to any authority and in such manner as provided by the state Legislature.The compulsory and voluntary provisionsThe provision of the act can be grouped into two categories- compulsory and voluntary. The compulsory provision of the act had to be included in the state law creating the new Panchayati Raj system. The voluntary provisions, on other hand, may be included at the discretion of the states. Thus, the voluntary provisions of the act insures the right of the states to take local factors like geographical, political, administrative and other into consideration while adopting the new Panchayati Raj system.Compulsory provisions1. Organisation of gram Sabha in a village or a group of villages.2. Establishment of panchayats at the village, intermediate and district levels.3. Direct elections to all the seats in Panchayat at the village, intermediate and district levels.4. Indirect elections to the post of chairperson of Panchayat at the intermediate and district levels.5. Voting rights of the chairperson and other members of the Panchayat is elected directly or indirectly.6. 21 years to be the minimum age for contesting elections to the Panchayat.7. Reservation of 1/ third seats for women in Panchayat at all the three levels.8. Facing tenure of five years for Panchayat at all level and holding fresh elections within six months in the event of separation of any Panchayat.9. Reservation of seats for schedule caste and schedule Tribes in Panchayat at all the three level.10. Establishment of a state election commission for conducting elections to the Panchayat.11. The Constitution of the state finance commission after every five years to review the financial position of Panchayat.Voluntary Provisions1. Endowing the Gram Sabha powers and functions at village level.2. Determining the manner of election of the chairperson of village Panchayat.3. Giving representation to the chairpersons of the village panchayats in intermediate Panchayat or in the case of state not having intermediate panchayats, in the district panchayats.4. Giving representations to the member of Parliament and the state legislature in the Panchayat at different level calling within their constituencies.5. Providing reservation of seats for backward classes in Panchayat at any level.6. Granting powers and authority to the Panchayat to enable them to function as institutions of warming.7. Devolution of powers and responsibilities upon Panchayat to prepare plans for economic development and social justice; And to perform some or all of the £29 are listed in the 11th schedule of the Constitution.8. Granting financial power to the Panchayat, that is, authorising them to levy, collect taxes, duties, tolls and fees.9. Assigning to a Panchayat the taxes, duties, tolls and fees levied and collected by the state government.10. Making the grant-in-aid to the Panchayat from the consolidated fund of the state.11. Providing for Constitution of funds for creating all money of the Panchayat. Finances of Panchayati Raj SystemThe Second Administrative Reforms Commission (2005-2009) of India has summarised the sources of revenue of Panchayati Raj system and their financial problems in following ways;1. A major portion of Part IX of the Constitution deals with the structural empowerment of PRIs but the real strength in the terms of both autonomy and efficiency of this institution age and depended on their financial position. In general, panchayats in our country receive funds in the following ways: (a) grants from the union government is on the recommendation of Central finance commission as per Article 280 of the Constitution. (b) devolution from the state government based on liquidation of state finance commission as per article 243-I. (c) loan or grants from the state government. (d) program Hai specific allocation under centrally sponsored scheme and additional central assistance. (e) internal resource generation ( tax and non-taxes). 2. Across the country, states have not given adequate attention to the fiscal impairment of the panchayats. The Panchayat on resources are meager. Kerala, Karnataka and Tamil Nadu are states which are concerned to be progressive in Panchayati Raj institutions empowerment but there are, the panchayats are heavily dependent on government grants. One can draw the following broad conclusion;(I) internal resource generation at the Panchayat level is weak. This is partly due to the text domain and partly due to Panchayat on reluctance in collecting revenue.(II) Panchayats are heavily dependent on grants from union and state governments.(III) A major portion of grants both from union as well as state governments is a scheme specific. Panchayats have limited discretion and flexibility incurring expenditure.(IV) In the view of their own tight fiscal position, state governments are not keen to devolve funds to panchayats.(V) In most of the critical 11th schedule matters like Primary education, healthcare, water supply, sanitation and minor irrigation even now, it is the state government which is directly responsible for implementation of these programmes and hence expenditure.(VI) Overall, a situation being created where panchayats have responsibility but grossly inadequate resources.
T
he term Panchayati Raj in India signifies the system of rural local self government. It has been established in all the states of India by the acts of the state Legislature to build democracy at the grass-root level. It is interested with the ruler development. It was constitutionalised the 73rd Constitutional amendment act of 1992.
The 73rd Constitutional Amendment act of 1992
This act has added a new part - IX and inserted into a new 11th Schedule of the Constitution of India. This part is entitled as the Panchayat and consists of provision from article 243 two 243O.
The amendment has empowered Article 40 ‘The Directive Principle of State Policy’ of the Constitution of India which says that the state shall take steps to organise village panchayats and Indo them with such power and authority as may be necessary to enable them to function as units of self government.
Salient feature of Panchayati Raj system
Gram Sabha:
The egg whites for a gram sabha at the foundation of Panchayati Raj system. It is a body consisting of persons of a village comprised within the area of Panchayat at village level. It may exercise such powers and perform such person as the Legislature of state determines.
Three tier system:
The act provides for three tier system of Panchayati Raj with every state, i.e, Panchayats at the village, intermediate, district levels.
Election of members and chairperson:
All member of Panchayat at the village, intermediate and district level should be elected directly by the people. Further soma the chairperson of panchayats at the intermediate and district level shall be elected directly.
Reservation of seats:
The act provides for reservation of seats for schedule caste and schedule tribe in every Panchayat in proportion of their population to the total population in the Panchayat area.
The act provides for reservation of not less than one third of the total number of seats for women (including the number of seats reserved for women belonging to SC and STs).
Duration of Panchayats:
The act provides for five-year term of office to the Panchayat at every level. However, it can be dissolved before the completion of his term.
Disqualifications:
A person shall be disqualified for being chosen as power for being member of Panchayat if he is so disqualified, (a) under any law for the time being in force for the purpose of election to the legislature of the state concerned, or (b) under any law made by the state legislature.
State Election Commission:
The superintendence, direction and control of preparation of electoral roll and the conduct of all elections to the Panchayat shall be vested in the state election commission. It consist of a state election commissioner to be appointed by the governor. His conditions of service and tenure of office shall also be determined by the governor. He said not be removed from the office except in manner and on the ground prescribed for the removal of Judge of the state High Court. His conditions of service shall not be varied to his advantage after his appointment.
Power and function:
The State Legislature main door the panchayats with such power and authority as may be necessary to enable them to function as institutions of self government. Such a scheme may contain provisions for the devolution of powers and responsibilities upon Panchayat at appropriate level with respect to (a) The preparation of plans for economic development and social justice; (b) The implementation of schemes for economic development and social justice as may be interested to them, including those in relation to the 29 met are listed in the 11th schedule.
Finance:
State state legislature may (a) assign to Panchayat taxes, duties, tolls and fees; (b) assign to Panchayat taxes, duties, tolls and fees levied and collected by the state government; (c) provide for making grant in aid to the panchayats from the consolidated fund of the state; and (d) provides for constitution of funds for crediting all money of the panchayats.
Finance commission:
The governor of a state cell, after every five years, constitute a finance commission to review the financial position of the panchayats. It shall make the following recommendations to the governor:
1. The principles that should govern: (a) The distribution between the state and the Panchayat of the net proceeds of the taxes, duties, tolls and fees leave it by the state and allocation of scarce among the Panchayat at all levels. (b) The determination of taxes, duties, tolls and fees that may be assigned to the Panchayats. (c) The grant in aid to the panchayats from the consolidated fund of state.
2. The major needed to improve the financial position of Panchayat.
3. Any other matter referred to it by the governor in the interest of sound finance for the Panchayats.
Audit of accounts:
The state legislature make provisions with respect to maintenance of accounts by panchayats and the auditing of such accounts.
Application Union Territories:
The provisions of this part are applicable to the union territories. But, the President may direct that they would apply to the union territories subject to the exceptions and modifications as he may specify.
Exempted states and areas:
The act does not apply to the states of Nagaland, Meghalaya and Mizoram and certain other areas. This area include, (a) The scheduled areas and tribal areas in the state; (b) The hill areas of Manipur for which district council exists; and (c) Darjeeling District of West Bengal for which Darjeeling Gorkha Hill Council exists.
Continuation of existing laws and Panchayats:
All the state laws relating to panchayats shall continue to be in force until the expiry of one year from the commencement of this act. In other words, The state have to adopt a new Panchayati Raj system based on this act within the maximum period of one year from 24 April 1993, which was the date of commencement of this act. However, all the Panchayat adjusting immediately before the commencement of the act shall continue till the expiry of the term, unless dissolved by state by legislature.
Bar to interference by force in electoral matter:
The act bars the interference by courts in the electoral matter of panchayats. It declares that the validity of any law relating to the delimitation of constituencies all the allotment of seats to such constituencies cannot be questioned in any court. It further lays down that no election to any Panchayat is to be questioned as said by an election petition presented to any authority and in such manner as provided by the state Legislature.
The compulsory and voluntary provisions
The provision of the act can be grouped into two categories- compulsory and voluntary. The compulsory provision of the act had to be included in the state law creating the new Panchayati Raj system. The voluntary provisions, on other hand, may be included at the discretion of the states. Thus, the voluntary provisions of the act insures the right of the states to take local factors like geographical, political, administrative and other into consideration while adopting the new Panchayati Raj system.
Compulsory provisions
1. Organisation of gram Sabha in a village or a group of villages.
2. Establishment of panchayats at the village, intermediate and district levels.
3. Direct elections to all the seats in Panchayat at the village, intermediate and district levels.
4. Indirect elections to the post of chairperson of Panchayat at the intermediate and district levels.
5. Voting rights of the chairperson and other members of the Panchayat is elected directly or indirectly.
6. 21 years to be the minimum age for contesting elections to the Panchayat.
7. Reservation of 1/ third seats for women in Panchayat at all the three levels.
8. Facing tenure of five years for Panchayat at all level and holding fresh elections within six months in the event of separation of any Panchayat.
9. Reservation of seats for schedule caste and schedule Tribes in Panchayat at all the three level.
10. Establishment of a state election commission for conducting elections to the Panchayat.
11. The Constitution of the state finance commission after every five years to review the financial position of Panchayat.
Voluntary Provisions
1. Endowing the Gram Sabha powers and functions at village level.
2. Determining the manner of election of the chairperson of village Panchayat.
3. Giving representation to the chairpersons of the village panchayats in intermediate Panchayat or in the case of state not having intermediate panchayats, in the district panchayats.
4. Giving representations to the member of Parliament and the state legislature in the Panchayat at different level calling within their constituencies.
5. Providing reservation of seats for backward classes in Panchayat at any level.
6. Granting powers and authority to the Panchayat to enable them to function as institutions of warming.
7. Devolution of powers and responsibilities upon Panchayat to prepare plans for economic development and social justice; And to perform some or all of the £29 are listed in the 11th schedule of the Constitution.
8. Granting financial power to the Panchayat, that is, authorising them to levy, collect taxes, duties, tolls and fees.
9. Assigning to a Panchayat the taxes, duties, tolls and fees levied and collected by the state government.
10. Making the grant-in-aid to the Panchayat from the consolidated fund of the state.
11. Providing for Constitution of funds for creating all money of the Panchayat.
Finances of Panchayati Raj System
The Second Administrative Reforms Commission (2005-2009) of India has summarised the sources of revenue of Panchayati Raj system and their financial problems in following ways;
1. A major portion of Part IX of the Constitution deals with the structural empowerment of PRIs but the real strength in the terms of both autonomy and efficiency of this institution age and depended on their financial position. In general, panchayats in our country receive funds in the following ways: (a) grants from the union government is on the recommendation of Central finance commission as per Article 280 of the Constitution. (b) devolution from the state government based on liquidation of state finance commission as per article 243-I. (c) loan or grants from the state government. (d) program Hai specific allocation under centrally sponsored scheme and additional central assistance. (e) internal resource generation ( tax and non-taxes).
2. Across the country, states have not given adequate attention to the fiscal impairment of the panchayats. The Panchayat on resources are meager. Kerala, Karnataka and Tamil Nadu are states which are concerned to be progressive in Panchayati Raj institutions empowerment but there are, the panchayats are heavily dependent on government grants. One can draw the following broad conclusion;
(I) internal resource generation at the Panchayat level is weak. This is partly due to the text domain and partly due to Panchayat on reluctance in collecting revenue.
(II) Panchayats are heavily dependent on grants from union and state governments.
(III) A major portion of grants both from union as well as state governments is a scheme specific. Panchayats have limited discretion and flexibility incurring expenditure.
(IV) In the view of their own tight fiscal position, state governments are not keen to devolve funds to panchayats.
(V) In most of the critical 11th schedule matters like Primary education, healthcare, water supply, sanitation and minor irrigation even now, it is the state government which is directly responsible for implementation of these programmes and hence expenditure.
(VI) Overall, a situation being created where panchayats have responsibility but grossly inadequate resources.