Unit 5: Democratic Decentralization in India - Subjective Questions

Evolution of Panchayati Raj in India:\n\n- Local self-government existed in various forms in ancient Indian villages through institutions such as the village panchayat.\n- During the colonial period, Lord Ripon’s Resolution of 1882 is regarded as an important landmark in the development of local self-government.\n- The Government of India Act, 1919 transferred local self-government to elected Indian ministers under the system of dyarchy.\n- The Government of India Act, 1935 further expanded the role of provincial governments in local administration.\n- After independence, Article 40 of the Constitution directed the State to organise village panchayats and give them adequate powers to function as units of self-government.\n- The Community Development Programme was launched in 1952, followed by the National Extension Service in 1953. Their limited success led to the appointment of the Balwant Rai Mehta Committee.\n- The committee recommended democratic decentralisation through a three-tier Panchayati Raj system. Rajasthan introduced the system in 1959, followed by other states.\n- Several committees later examined the weaknesses of Panchayati Raj and suggested reforms.\n- Finally, the 73rd Constitutional Amendment Act, 1992 gave constitutional status to rural local bodies and came into force on 24 April 1993.\n\nThus, Panchayati Raj evolved from traditional village institutions and administrative experiments into a constitutionally protected system of democratic decentralisation.

Major recommendations of the Balwant Rai Mehta Committee:\n\n- The committee advocated democratic decentralisation as a means of involving people in development administration.\n- It recommended a three-tier Panchayati Raj system consisting of:\n - Gram Panchayat at the village level;\n - Panchayat Samiti at the block level; and\n - Zila Parishad at the district level.\n- The Gram Panchayat was to be directly elected by the people.\n- The Panchayat Samiti was to be the principal executive body responsible for development programmes.\n- The Zila Parishad was to coordinate development activities at the district level.\n- The committee recommended the transfer of functions, responsibilities and resources to local bodies.\n- It emphasised the importance of genuine popular participation and local leadership.\n- It suggested that the Panchayat Samiti should occupy a central position because the block was considered the suitable unit for development administration.\n\nThe recommendations led to the introduction of Panchayati Raj in Rajasthan in 1959 and subsequently in several other states.

Recommendations of the Ashok Mehta Committee:\n\n- It proposed a two-tier system consisting of:\n - Zila Parishad at the district level; and\n - Mandal Panchayat covering a group of villages.\n- The district was recommended as the first point of decentralisation below the state level.\n- The Zila Parishad was to function as the chief executive body for planning and development.\n- Political parties were to participate openly in Panchayat elections.\n- Panchayati Raj institutions were to be given constitutional protection.\n- Seats were recommended for representation of weaker sections, including Scheduled Castes, Scheduled Tribes and women.\n- The committee suggested the appointment of a minister for Panchayati Raj in every state.\n- It recommended regular social audits and the creation of agencies to monitor Panchayat performance.\n- It emphasised the transfer of development functions and administrative personnel to local bodies.\n\nAlthough the recommendations were not implemented comprehensively, they influenced later debates and reforms relating to constitutional recognition and political decentralisation.

Recommendations of the G. V. K. Rao Committee:\n\n- The committee observed that Panchayati Raj institutions had become weak and were often bypassed by government departments.\n- It recommended that the district should be the basic unit of planning and development.\n- The Zila Parishad should play a central role in coordinating development programmes.\n- District-level planning bodies should be strengthened and integrated with Panchayati Raj institutions.\n- The committee proposed that development personnel and administrative machinery should be made accountable to elected local bodies.\n- It recommended regular elections and greater involvement of people in development administration.\n- Panchayati Raj institutions were to be treated as important agencies for implementing rural development programmes.\n\nImportance: The committee highlighted the need to restore the centrality of elected local bodies in development administration. Its emphasis on district planning, administrative devolution and institutional accountability influenced the later constitutional reforms.

Recommendations of the L. M. Singhvi Committee:\n\n- The committee recommended that Panchayati Raj institutions should receive constitutional recognition.\n- It regarded the Gram Sabha as the foundation of democratic decentralisation.\n- The Gram Sabha was to be empowered to ensure direct participation of villagers in local decision-making.\n- The committee recommended greater financial autonomy for local bodies.\n- It supported the establishment of judicial bodies or Nyaya Panchayats for settling minor disputes at the local level.\n- Panchayat elections should be held regularly, independently and impartially.\n- Local bodies should have clearly defined powers and responsibilities.\n- The committee emphasised the importance of public participation, accountability and transparency.\n\nThe recommendations of the Singhvi Committee strongly contributed to the idea that local self-government required constitutional protection rather than dependence solely on ordinary state legislation.

Comparison of the two committees:\n\n| Basis | Balwant Rai Mehta Committee | Ashok Mehta Committee |\n|---|---|---|\n| Year | 1957 | 1977 |\n| Structure | Three-tier system | Two-tier system |\n| Main units | Gram Panchayat, Panchayat Samiti and Zila Parishad | Mandal Panchayat and Zila Parishad |\n| Key level | Block-level Panchayat Samiti | District-level Zila Parishad |\n| Elections | Direct elections mainly at village level | Greater role for political parties in elections |\n| Constitutional status | Not originally emphasised | Strongly recommended |\n| Development focus | Block as the basic unit | District as the basic unit |\n| Participation | Democratic decentralisation | Political decentralisation and institutional accountability |\n\nThe Balwant Rai Mehta Committee laid the foundation of the three-tier system, whereas the Ashok Mehta Committee sought to restructure and strengthen Panchayati Raj by giving greater importance to the district and constitutional protection.

K. Santhanam Committee, 1963:\n\n- It examined the financial difficulties of Panchayati Raj institutions.\n- It recommended providing local bodies with adequate financial resources.\n- It supported the assignment of specific taxes and grants to Panchayats.\n- It emphasised the need for regular review of Panchayat finances.\n\nP. K. Thungon Committee, 1988:\n\n- It recommended constitutional recognition for local self-government institutions.\n- It supported regular elections and fixed terms for Panchayats and municipalities.\n- It favoured the creation of State Finance Commissions.\n- It recommended clearly defined functions and financial resources for local bodies.\n- It supported reservation for Scheduled Castes, Scheduled Tribes and women.\n\nThe Santhanam Committee focused mainly on financial strengthening, while the Thungon Committee contributed to the broader constitutional framework that eventually resulted in the 73rd and 74th Amendments.

Need for constitutional status:\n\n- Panchayats were created under state laws and therefore lacked uniformity throughout the country.\n- State governments could dissolve or supersede them frequently.\n- Elections were often delayed or not held regularly.\n- Local bodies suffered from inadequate funds, limited powers and excessive administrative control.\n- Development functions were frequently performed by government departments instead of elected Panchayats.\n- Weaker sections and women did not receive assured representation.\n- The Gram Sabha was not given a uniform constitutional role.\n- There was no constitutional guarantee of tenure, reservation, financial review or independent elections.\n\nThe 73rd Amendment addressed these problems by adding Part IX to the Constitution, providing a common framework, constitutional protection, regular elections, reservations, financial institutions and recognition of Panchayati Raj as the third tier of government.

Salient features of the 73rd Amendment:\n\n- It added Part IX to the Constitution, covering Articles 243 to 243-O.\n- It provided constitutional status to Panchayati Raj institutions.\n- It established a broad three-tier structure consisting of Gram Panchayat, intermediate Panchayat and Zila Parishad.\n- States with a population below lakh may not constitute the intermediate level.\n- It recognised the Gram Sabha as the foundation of village democracy.\n- Panchayat seats are filled through direct elections, subject to constitutional provisions.\n- Seats are reserved for Scheduled Castes and Scheduled Tribes in proportion to their population.\n- Not less than one-third of the total seats and chairperson offices are reserved for women.\n- Panchayats have a fixed tenure of five years.\n- Elections are conducted under the supervision of an independent State Election Commission.\n- A State Finance Commission is constituted every five years.\n- The Eleventh Schedule contains 29 subjects that may be devolved to Panchayats.\n- The amendment came into force on 24 April 1993.

Constitutional position:\n\n- The Gram Sabha consists of persons registered in the electoral rolls of a village or group of villages.\n- It is the basic institution of direct democracy in rural areas.\n- Article 243A provides that the Gram Sabha may exercise such powers and perform such functions as the state legislature determines by law.\n\nFunctions commonly assigned to the Gram Sabha:\n\n- Approving village development plans and programmes.\n- Identifying beneficiaries for welfare and development schemes.\n- Examining the annual budget and expenditure of the Gram Panchayat.\n- Reviewing audit reports and promoting financial accountability.\n- Participating in social audits.\n- Discussing local issues relating to roads, water, sanitation, education and health.\n- Monitoring the performance of elected representatives and local officials.\n\nThe Gram Sabha promotes transparency, participation and accountability. Its actual powers vary because state legislatures determine its detailed functions.

Reservation provisions:\n\n- Seats are reserved for Scheduled Castes and Scheduled Tribes in every Panchayat.\n- The proportion of reserved seats broadly corresponds to the proportion of the SC and ST population in the Panchayat area.\n- Not less than one-third of the total number of seats filled by direct election are reserved for women.\n- Not less than one-third of the offices of chairpersons at each level are reserved for women.\n- SC and ST chairperson offices are reserved according to the constitutional and statutory scheme.\n- Reserved seats and chairperson offices are generally allotted by rotation among different constituencies or Panchayat areas.\n- States may provide additional reservation for backward classes.\n\nThese provisions aim to make local democracy more inclusive and to increase the political participation of historically disadvantaged communities and women.

Financial provisions:\n\n- State legislatures may authorise Panchayats to levy, collect and appropriate taxes, duties, tolls and fees.\n- States may assign a share of their revenues to Panchayats.\n- Grants-in-aid may be provided from the Consolidated Fund of the state.\n- The State Finance Commission reviews the financial position of Panchayats every five years.\n- The State Finance Commission recommends principles for the distribution of state revenues and grants to local bodies.\n- The recommendations are placed before the state legislature along with an explanatory memorandum.\n\nLimitations:\n\n- The Constitution does not automatically devolve specific taxes or guaranteed amounts of revenue.\n- The actual financial powers depend on state legislation.\n- Panchayats often remain dependent on grants from state and central governments.\n- Limited taxation capacity and weak collection mechanisms affect their autonomy.\n- Delays in constituting or acting on State Finance Commissions can weaken fiscal decentralisation.\n\nTherefore, the amendment created a constitutional framework but the extent of financial autonomy depends significantly on state-level implementation.

Significance of the Eleventh Schedule:\n\n- The 73rd Amendment added the Eleventh Schedule to the Constitution.\n- It contains 29 subjects that may be entrusted to Panchayats under Article 243G.\n- These subjects include agriculture, land improvement, minor irrigation, animal husbandry, fisheries, rural housing, drinking water, roads, rural electrification, poverty alleviation, education, health, women and child development, public distribution systems and maintenance of community assets.\n- The Schedule provides a broad constitutional indication of the areas in which Panchayats may function.\n- It supports local planning and implementation of development programmes.\n- It enables state legislatures to devolve powers and responsibilities to Panchayats.\n\nHowever, inclusion in the Eleventh Schedule does not by itself transfer powers. Actual devolution depends on state laws, administrative arrangements, finances and the willingness of state governments.

Composition:\n\n- All seats in a Panchayat are generally filled by direct election from territorial constituencies.\n- State legislatures may provide representation for chairpersons of lower-level Panchayats, members of Parliament, members of state legislatures and other persons.\n- Such representation is subject to constitutional and state-law provisions.\n\nTenure:\n\n- Every Panchayat has a normal term of five years from the date of its first meeting.\n- Elections must be completed before the expiry of the term.\n\nDissolution:\n\n- A Panchayat may be dissolved before the completion of its term according to law.\n- Elections must generally be held within six months of dissolution.\n- If the remaining period of the dissolved Panchayat is less than six months, elections for that short period may not be necessary.\n- A dissolved Panchayat is not normally entitled to continue beyond its original constitutional term.\n\nThese provisions aim to ensure continuity, regular elections and democratic accountability.

Salient features of the 74th Amendment:\n\n- It gave constitutional status to urban local bodies.\n- It added Part IX-A to the Constitution, covering Articles 243P to 243ZG.\n- It recognised three types of municipalities:\n - Nagar Panchayat for a transitional area;\n - Municipal Council for a smaller urban area; and\n - Municipal Corporation for a larger urban area.\n- Seats are generally filled through direct elections from municipal wards.\n- Ward committees are provided for municipalities with a population of three lakh or more.\n- Seats are reserved for Scheduled Castes and Scheduled Tribes in proportion to their population.\n- Not less than one-third of elected seats and chairperson offices are reserved for women.\n- Municipalities have a fixed tenure of five years.\n- Elections are supervised by the State Election Commission.\n- State Finance Commissions review municipal finances.\n- The Twelfth Schedule lists 18 functions that may be devolved to municipalities.\n- District Planning Committees and Metropolitan Planning Committees are provided for integrated planning.\n\nThe amendment sought to strengthen urban democracy and make municipalities institutions of self-government.

Distinction among urban local bodies:\n\n| Institution | Area covered | General character |\n|---|---|---|\n| Nagar Panchayat | Transitional area changing from rural to urban | Provides local government during urban transition |\n| Municipal Council | Smaller urban area | Governs a town or smaller city |\n| Municipal Corporation | Larger urban area | Governs a large city or metropolitan urban centre |\n\n- The Governor specifies the criteria for classifying an area as transitional, smaller urban or larger urban, taking account of population, density, revenue, non-agricultural employment and other factors.\n- The detailed structure, powers and functions are determined by state law.\n- All three bodies are constitutional institutions under Part IX-A.\n- Their responsibilities generally include urban planning, roads, water supply, sanitation, public health, fire services and regulation of land use, subject to the Twelfth Schedule and state legislation.

Twelfth Schedule:\n\n- The 74th Amendment added the Twelfth Schedule under Article 243W.\n- It contains 18 functions that may be devolved to municipalities.\n- Major functions include:\n - Urban planning and town planning;\n - Regulation of land use and construction;\n - Roads and bridges;\n - Water supply;\n - Public health, sanitation and solid waste management;\n - Fire services;\n - Urban forestry and environmental protection;\n - Slum improvement and urban poverty alleviation;\n - Provision of urban amenities such as parks and playgrounds;\n - Vital statistics, including registration of births and deaths; and\n - Regulation of slaughterhouses and tanneries.\n- The Schedule provides a constitutional framework for assigning responsibilities to municipalities.\n- It encourages local planning and delivery of services according to urban needs.\n\nThe Schedule is enabling rather than self-executing because actual transfer of functions depends on state legislation and administrative devolution.

District Planning Committee:\n\n- A District Planning Committee is constituted in every state at the district level.\n- Its purpose is to consolidate plans prepared by Panchayats and municipalities.\n- It prepares a draft development plan for the district as a whole.\n- Not less than four-fifths of its members are elected by and from among the elected members of Panchayats and municipalities in the district, broadly in proportion to the rural and urban population.\n- The plan should consider common interests such as spatial planning, water resources, infrastructure and environmental conservation.\n\nMetropolitan Planning Committee:\n\n- It is constituted in every metropolitan area.\n- It prepares a draft development plan for the metropolitan region.\n- Not less than two-thirds of its members are elected by and from among elected municipal councillors and chairpersons of Panchayats in the metropolitan area.\n- It considers coordinated development, resource sharing, land use, infrastructure and environmental issues.\n\nBoth committees promote integrated planning across rural, urban and metropolitan boundaries.

Comparison:\n\n| Basis | 73rd Amendment | 74th Amendment |\n|---|---|---|\n| Area | Rural local government | Urban local government |\n| Constitutional part | Part IX | Part IX-A |\n| Institutions | Gram Panchayat, intermediate Panchayat and Zila Parishad | Nagar Panchayat, Municipal Council and Municipal Corporation |\n| Schedule | Eleventh Schedule with 29 subjects | Twelfth Schedule with 18 subjects |\n| Popular institution | Gram Sabha | Ward committees and elected municipal bodies |\n| Planning body | District Planning Committee | District Planning Committee and Metropolitan Planning Committee |\n| Reservation | SCs, STs and at least one-third women | SCs, STs and at least one-third women |\n| Tenure | Five years | Five years |\n| Elections | State Election Commission | State Election Commission |\n| Financial review | State Finance Commission | State Finance Commission |\n\nBoth amendments constitutionalised local self-government, promoted representation of disadvantaged groups and aimed to strengthen democratic decentralisation. Their major difference lies in the rural or urban context and the corresponding institutional structure.

State Election Commission:\n\n- It supervises, directs and controls elections to Panchayats and municipalities.\n- It prepares or supervises electoral rolls for local elections.\n- It conducts elections at regular intervals.\n- The State Election Commissioner has constitutional protection relating to conditions of service and removal.\n- The Commission promotes impartiality and continuity in local democratic institutions.\n\nState Finance Commission:\n\n- It is constituted by the Governor every five years.\n- It reviews the financial position of Panchayats and municipalities.\n- It recommends principles for distributing state taxes, duties, tolls and fees between the state and local bodies.\n- It recommends the allocation of resources among local bodies at different levels.\n- It suggests grants-in-aid and measures for improving local finances.\n- Its recommendations and the action taken on them are placed before the state legislature.\n\nTogether, these institutions support regular elections and financial decentralisation.