ROLE OF PANCHAYATS IN INDIAN DEMOCRACY

SUBMITTED BY:
SUJAY KUMAR,
Chanakya National Law
University, Patna.

TABLE OF CONTENTS
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Role Of Panchayats In Indian Democracy

RESEARCH METHODOLOGY..
INTRODUCTION.
PANCHAYAT UNDER BRITISH RULE..
BALWANT RAI MEHTA COMMITTEE.
ASHOK MEHTA COMMITTEE
73rd AMENDMENT ACT 1992..
BLOCK PANCHAYAT.
DISTRICT LEVEL PANCHAYAT..
GRAM PANCHAYAT...
CASE LAWS
ROLE OF PANCHAYAT IN RURAL DEVELOPMENT.
ROLE OF PANCHAYAT IN EMPOWERING WOMEN..
RESERVATION FOR SCs & STs IN PANCHAYAT
ISSUES IN PANCHAYAT SYSTEM IN PRESENT INDIA.
SUGGESTIONS FOR BETTERMENT OF PANCHAYAT SYSTEM.
CONCLUSION.
BIBLIOGRAPHY.

RESEARCH METHODOLOGY

This project is based upon doctrinal method of research. This project has been done after a
thorough research based upon intrinsic and extrinsic aspects of the project.
Sources of Data:
The following secondary sources of data have been used in the project-

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1.

Books

2.

Websites

Method of Writing:
The method of writing followed in the course of this research project is primarily analytical.
Mode of Citation:
The researchers have followed a uniform mode of citation throughout the course of this project.

INTRODUCTION
The idea of panchayati raj was frst mooted by Mahatma Gandhi. During the struggle for
freedom that culminated with independence on 15 August 1947, Mahatma Gandhi stressed the
need for village swaraj (independent republic): My idea of village swaraj is that it is a
complete republic, independent of its neighbors for its own vital wants, and yet interdependent
for many others in which dependence is a necessity1. Gandhis vision of village swaraj has had
1 Gandhi 1962, speech.
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perhaps the most powerful influence on the subsequent debates and discussions on panchayats.
In the immediate post independence period, during the debates on the drafting of Indias
constitution, sharply discrepant views on panchayats were expressed. It was part of three tier
democracy at national level, state level and village level. Panchayats did not find a place in the
first draft of Indias constitution. At the insistence of a few Gandhians namely Alladi
Krishnaswami Aiyar, N G Ranga, K Santhanam, Shibbanlal Saxena and others, a compromise
was arrived at, and panchayats were included only in the nonjusticiable part of the constitution,
under Directive Principles of State Policy, as Article 40, which reads, 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. It found the place in the
constitution in the form of one of the Directive Principles Of The State Policy 2. Within the
Indian federal architecture Panchayat is the closest to the notion of direct democracy distinct
from the representative democracy of the Union and States, due to its proximity to the
community it serves. Panchayat has deep faith in democracy in which the common man in the
rural area has huge capacity to have a good living for himself and the community under the
healthy environment that the State creates. The objectives of a panchayat include organizing
common men in the process of developing themselves through their own efforts on a
continuing basis, at the same time, enhancing their capacity and self-reliance. This begins with
citizen participation in political processes and service delivery of local public goods, e.g.
potable drinking water, general sanitation, primary health, elementary education, maintenance
of public properties etc. Hence, the key objective of the panchayat is to balance the two values
of citizen participation and service delivery, the basic goals of decentralized democracy
envisaged in the Report of Balwant Rai Mehta Study Team (1957) and the subsequent 73rd
Amendment to the Constitution of India. The rural local government in India is called the
panchayat, which literally means an assembly of five persons 3. These five elderly, nominated
persons, over the course of time, were vested with sacred authority and with judicial and
2 Article

40 of the
Constitution which enshrines one of the Directive
Principles of State Policy lays down that the State shall take steps to organise
village panchayats.

3 Panchayat comes from panch, five, but the body so called is not limited to this number.
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executive powers. These assemblies settled disputes between individuals and villages. Their
roots can be traced in the Rig Veda 4 as dating back to approximately 1200 BC. Panchayat in
present India has inherited though little from those native local institutions of Indian society
which was predominantly rural in character in the mediaeval period.

Panchayat under British Rule

The British rule in India witnessed the beginning of many modern institutions that sustained
and formed the base for the post colonial governments to build upon. The local civic body 5
cultivated by the imperial government is one such example. The first municipal body in India
was created in Madras (now Chennai) through a Royal Charter issued on December 30, 1687
4 The Rig Veda is the oldest religious scripture in the world and the most revered of the Vedas. It
consists of more than 1,000 hymns addressed to gods. It refers to rituals, such as marriage and funeral
rites.
5 In British India, rural bodies were District Boards, District Local Boards and District Councils
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by King James II on the advice of the Governor of the East India Company, Josiah Child to
mobilize resources through local taxes and to control the powers of then Governor of Madras,
Elihu Yale who amassed a fortune in his lifetime, largely through secret contracts with Madras
merchants, against the East India Companys directive7. The municipal corporation was made
responsible for many civic functions including the upkeep of town-hall and a school. The
Corporation could not come up to the expectations as the citizens objected to new taxes. The
first experiment with municipal institution did not pay dividends. The second municipal charter
was issued in 1726 to set up municipalities for Calcutta and Bombay and to reconstitute the
Madras municipality. Meanwhile, there was a transformation in the British rule from the
management of a few trading posts into the government of Indian sub-continent. The local
bodies developed in a haphazard manner without the legislative sanction or centralized
direction. In the North-Western Provinces (now Uttar Pradesh), local agencies were appointed
in big towns to assist the District Magistrate in mobilizing the resources for police, conservancy
and road repairs. The new systems of rural local government had no connections with the ways
of old panchayats. The institution of District 6 Magistrate became the key unit of local
governance and was the central institution of the revenue system.
Lord Ripons Resolution on Local Self Government of 18 May 1882 proved to be the
most enduring influence on the subsequent debates and discussions on local self-governments
in India. Ripon was determined that (i) political education, and (ii) administrative efficiency
should be central in the perspective of local self-governments. A network of rural local bodies
was part of Ripons proposal. He proposed to create a two tier system, with district boards 7,
and sub-division or the tehsil. The sub-division, taluk or tehsil would form the maximum area
under a local board. The district board was only a supervisory or coordinating authority.
However, district board in all regions except a few was assigned powers with all the funds and
almost all the local functions despite provisions in the Acts regarding the delegation of power
and responsibility to the local bodies.
6 Each district was split up into two smaller areas generally designated tahsils or taluks and in the immediate
charge of native officers.

7 District Board was headed by the District Magistrate/Collector in all provinces except the Central
Provinces.
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However, legislations for local self government particularly in the early days of
Dyarchy, provided inadequate provisions due to poor drafting. Powers of taxation were not well
defined. It provided enough scope for confusion about the level of administration to introduce
the new taxes or change the existing rates. The working relationship of board and staff as well
as the local officers was never defined. Government officers were given emergency powers
over boards. There was no provision to enforce the decision of departmental audit.

Recommendations of Balwant Rai Mehta Committee

The BalwantRai Mehta Committee was a committee appointed by the Government of India in
January 1957 to examine the working of the Community Development Programme (1952) and
the National Extension Service (1953) and to suggest measures for their better working. The
recommendations of the committee were approved by NDC8 in January 1958 and this set the
8 National Development Council or the Rashtriya Vikas Parishad is the apex body for
decision making and deliberations on development matters in India, presided over by the
Prime Minister.
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stage for the launching of Panchayati Raj Institutions throughout the country. The committee
recommended the establishment of the scheme of democratic decentralisation which finally
came to be known as Panchayati Raj. Establishment of a 3-tier Panchayati Raj system Gram
Panchayat at the village level, PanchayatSamiti at the block level, and Zila Parishad at the
district level.This system was adopted by state governments during the 1950s and 60s, as laws
were passed to establish panchayats in various states. It also found backing in the Indian
Constitution, with the 73rd amendment in 1992 to accommodate the idea. The Amendment Act
of 1992 contains provision for devolution of powers and responsibilities to the panchayats both
for the preparation of economic development plans and social justice, as well as for
implementation in relation to 29 subjects listed in the eleventh schedule of the constitution.
The panchayats receive funds from three sources:
1. Local body grants, as recommended by the Central Finance Commission
2. Funds for implementation of centrally sponsored schemes
3. Funds released by the state governments on the recommendations of the State Finance
Commissions.
The recommendations of Balwant rai Mehta Committee were implemented by many states in
the country. Till the mid sixties, Panchayati Raj system flourished in India. But there was
decline in Panchayati Raj Institutions after the mid sixties mainly because of centralized
tendencies of functioning all over the country.

Ashok Mehta Committee (1977)

In this backdrop in 1977, the Janata government9 appointed a Committee with Ashok Mehta as
chairman and was entrusted with the task of enquiring into the causes responsible for the poor
9 The Janata Party (JP or JNP) was an amalgam of Indian political parties opposed to the State of
Emergency that was imposed between 1975 and 1977 by the Government of India under the Prime
Ministership of Indira Gandhi.

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performance of Panchayati Raj Institutions. It was also asked to suggest measures to strengthen
Panchayati Raj Institutions. The committee suggested two tire system of Panchayati Raj
consisting of Zilla Parishads at the district level and Mandal Panchayats at the grass root level
as against three tier system suggested by the Balwant rai Mehta Committee. The committee
recommended constitutional protection to the Panchayati Raj Institutions and further
decentralization of power at all levels.
The Ashok Mehta Committee Suggested:

Reservation of seats for the weaker sections

Two seats for women

Adequate financial resources for the panchayats

Requirement of Constitutional sanctions

To extend peoples participation in developmental activities

Due to the fall of the Janata government, the Ashok Mehta Committee recommendations were
not implemented. Few states10 formulated new legislation on the basis of the recommendations
of this Committee. Both the Committees over looked the importance of panchayats as units of
self government.During 1980s, two important Committees were appointed to look into local
governments. GVK Rao Committee in 1985 and Dr. L.M. Singhvi Committee in 1986. The
GVK Rao committee recommended the revival of Panchayati Raj Institutions such that greater
responsibility of planning, implementation, and monitoring of rural development programmes
could be assigned to them. L.M. Singhvi Committee recommended that the Panchayati Raj
Iinstitutions should be constitutionally recognized and protected. New chapter in the
constitution should be provided to define their powers and functions and free and fair election
to be conducted through the election commission.

10 Karnataka, Andhra Pradesh, and West Bengal.

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73rd Amendment Act 1992

In the history of Panchayati Raj in India, on 24 April 1993, the Constitutional (73rd
Amendment) Act 1992 came into force to provide constitutional status to the Panchayati Raj
institutions.11 This act was extended to Panchayats in the tribal areas of eight states,
namely Andhra

Pradesh, Gujarat, Maharashtra, Madhya

Pradesh, Himachal

Prades,

Odisha and Rajasthan starting 24 December 1996.Currently, Panchayati Raj system exists in all
the states except Nagaland, Meghalaya and Mizoram12, and in all Union Territories except
Delhi. Modern Indian government has decentralized several administrative functions to the
local level, empowering elected gram panchayats. It is basic, first formal democratic institution
at the village level. The chairperson of this unit is called as Sarpanch. It is primary unit of
local self-government. Gram panchayat is a cabinet of the village elders, directly elected by the
adult citizens of the village. There are 8 to 10 ward punches, two or three coopted members,
who constitute the body of Gram Panchayat; they are consists of 8 to 10 villages. There are
three functional sub committees which meet four times every month to decide agricultural
production program, cottage industry programme, finance and budget and social amenities in
Gram panchayat area. The members of the Gram Panchayats have tenure of five years and are
directly elected from wards while the Sarpanch is elected by the members. There is provision
for reservation of seats for women and for scheduled casts and scheduled tribes. There is Gram
Sabha for each panchayat and the Sarpanch is required to conduct Gram Sabha meetings at
least once in six months. Also Sarpanch is required to conduct meeting of the members of the
Panchayat once in a month.

11 Under 11th schedule of Indian constitution.

12 In Nagaland Meghalaya & Mizoram there are no any Panchyat Raj as because they exempted under
Article 243M(2) and also enjoying Special Constitutional Provision under Article 371A, 371B,
371C,371F,371G,371H by the Constitution of India.
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BLOCK PANCHAYAT
Mandals, taluka panchayats, block panchayats, or panchayat samiti are rural local governments
(panchayats) at the intermediate level in panchayat raj institutions (PRI).
The 73rd Amendment defines Panchayati Raj Institution levels:

District (or apex) level

Intermediate level

Base level

They operate at the tahsil (taluka)13 level and govern the villages of the tahsil that together are
called a development block. The Panchayat Samiti is the link between the gram
panchayat (village council) and the zila parishad (district board)14. They name varies across
states, e.g., Mandal Praja Parishad in Andhra Pradesh, Taluka Panchayat in Gujarat, and
Mandal Panchayat in Karnataka. Typically, a panchayat samiti is composed of elected members
of the area, the Block Development Officer, otherwise unrepresented groups (Scheduled Castes,
Scheduled Tribes and women), associate members (such as a farmer, a representative of the
cooperative societies and one from the agricultural marketing services sector) and the elected
members of that panchayat block (tehsil) on the zila parishad (district board). The samiti is
elected for five years and is headed by a chairman and deputy chairman elected by the members
of the panchayat samiti. One Sarpanch Samiti supervises the other gram panchayats.
Departments:
13 A tehsil (also known as taluka or mandal) is an administrative division of some countries of South
Asia.
14 The Zila Panchayat or District Council or Zilla Parishad or District Panchayat, is the third tier of
the Panchayati Raj system. Zila Parishad is an elected body. Block Pramukh(president) of Panchayat
Samiti (Block) are also represented in Zila Parishad.
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The common departments in the Samiti are as follows:

1. General administration
2. Finance
3. Public work
4. Agriculture
5. Health
6. Education
7. Social welfare
8. Information technology, and others.
Each department in a panchayat samiti has its own officer. Most often these are state
government employees acting as extension officers, but occasionally in more revenue-rich
panchayat samiti, they may be local employees. A government-appointed15is the supervisor of
the extension officers and executive officer to the panchayat samiti and becomes, in effect, its
administrative chief.
Functions:
1. Implementation schemes for the development of agriculture.
2. Establishment of primary health centres and primary schools.
3. Supply of drinking water, drainage and construction/repair of roads.
4. Development of cottage and small-scale industries, and the opening of cooperative
societies.
15 block development officer (BDO)
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5. Establishment of youth organizations.

Sources of income16
The income of the panchayat samiti comes from

land and water use taxes, professional taxes, liquor taxes and others

income generating programmes

grants-in-aid and loans from the State Government and the local zila parishad

voluntary contributions.

DISTRICT LEVEL PANCHAYAT

The Zila Panchayat or District Council or Zilla Parishad or District Panchayat, is the third tier
othe Panchayati

Raj system.

Zila

Parishad

is

an

elected

body. Block

Pramukh(president) of Panchayat Samiti (Block) are also represented in Zila Parishad. The
members of the State Legislature and the members of the Parliament of India are members of
the Zila Parishad. 17
Functions:
1. Provide essential services and facilities to the rural population

16 "Section A Civics: Chapter 7 Local Self-Government". History & Civics IX (eighth ed.)
17 The Chief Executive Officer (CEO), who is an IAS or a State Civil Service officer, heads the
administrative machinery of the Zila Parishad. He may also be District Magistrate in some states.
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2. Supply improved seeds to farmers. Inform them of new farming techniques

3. Set up and run schools and libraries in the rural areas
4. Start Primary Health Centers and hospitals in villages. Start vaccination drives against
epidemics
5. Execute plans for the development of the scheduled castes and tribes. Run ashramshalas
for adivasi children. Set up free hostels for them
6. Encourage entrepreneurs to start small-scale industries and implement rural
employment schemes
7. Construct bridges, roads & other public facilities and their maintenance
8. Provide employment.
Sources of income:
1. Taxes on water, pilgrimage, markets, etc.
2. Fixed grant from the State Government in proportion with the land revenue and money
for works and schemes assigned to the Parishad.

GRAM PANCHAYAT
Gram Panchayat is the organization of elected panchas by the members of Gram Sabha of the
village. It is a self-government organization. The number of members in a Gram Panchayat
depends upon the population of the village. Generally, the number of elected panchas in a Gram
Panchayat varies between seven and seventeen members. However, it may vary from state to

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state. There is provision for reservation of Scheduled Castes, Scheduled Tribes and Women
candidates. The head of the Panchayat is known as Sarpanch.
Power of Gram Panchayat Members:
1. To supervise during office hours, the records of the Gram Panchayat after giving due
notice to the Sarpanch.
2. To move resolution or question on any office bearer on matters connected with the
administration of the Gram Panchauyat.
3. To exercise inspection overt all works undertaken by the Gram Panchayat.
4. To supervise all institutions working under the direction, management and control of the
Gram panchayat.
5. To bring to the notice of the Sarpanch the irregularities if any, noticed during such
inspection.18
Functions
There are number of functions perform by Gram Panchayats.
These functions are divided into two categories, namely, the obligatory functions and the
options functions.
Following are the Obligatory or the Compulsory Functions:
1. Construction, repairs, maintenance, alteration and extension of village roads, provisions
of lights on the roads and other places of public resort and removal of encroachments
and obstructions on the roads and other public places.
2. Construction, maintenance and cleaning of drainage system and provision of sanitation
in the village by the removal of filth and clearance of marshy areas.
18 Panchayati Raj In India, National Book Trust, 2007, Pg. 78
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3. Supply of drinking water to the villages.

4. Adoption of preventive measures against epidemics and other dangerous diseases,
prevention of obnoxious and dangerous trade, registration of births and deaths and the
preparation of the necessary records for the purpose.
5. Maintenance of common pasture and other public institutions.
6. Preparation of census records of men and animals, maintenance of relevant records and
submission of periodic records and returns.
7. Management of Panchayat properties as assets.
8. Spread of primary education and its management.
9. Social conservation.
10. Control of Markets, ferries, fairs, Ghats and other public places.
11. Adoption and encouragement of improved methods of cultivation.
12. It has to perform such other functions which are given to the Gram panchayat on a
compulsory basis.19
Optional Functions
In addition to the compulsory functions, each Gram Panchayat is also required to perform
certain optional functions for the development of the rural people. These functions are given
below:
1. Development and maintenance of village forests.
2. Construction, management and control of slaughter houses.
19 Pandey, J.N., The Constitution Of India, Central Law Agency, 50th Edition, 2013, Pg. 653.
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3. Famine relief measures.

4. Organization of the Fire services and protection of life and property in case of fire.
5. Maternity and child welfare and establishment of centers of the purpose.
6. Establishment and maintenance of works for providing employment in time of scarcity
and establishment and granaries.
7. Organization, management and promotion of cottage industries.
8. Construction and maintenance of Dharmasalas and Rest houses.
9. Provision of adult education, establishment of primary schools with the prior approval
of the panchayatsamiti.
10. To keep the records about the unemployed persons.
Judicial Powers:
It decides minor & criminal cases within its areas 20. Now the villagers need not go to the
Tahasil or the District headquarters to set their disputes decided. In criminal sphere the
Panchayat can hear cases involving mischief, assault, theft of property etc. on payment of
prescribed fee. These fees are of a nominal nature. They can hear civil cases of the value of Rs.
200/-. They can impose a fine up to Rs. 200/-. Both the parties are to appear before the
Panchayat to plead their case. In criminal cases the Panchayat can only impose a fine and it
cannot sentence anybody to imprisonment. It can impose a fine up to Rs. 25 openly those who
defy its orders.Normally the decision of the Panchayat is final but an appeal can be made to the
Court of District Magistrate with its prior sanction.21
20 One thing is to be noted that the lawyers cannot appear before the Panchayats.
21 Data taken from Singh, M.P., Constitution Of India, Eleventh Edition, Eastern Book
Company.
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Sources of income:

It gets 10% of the total revenue collected from the village.

It imposes House tax.

It sets profit from the sale of fertilizers.

It imposes tax on animals, profession etc.

Drainage fee.

The Panchayats issue various types of license & get a fee for the same.

It takes money by selling the slain of dead animals.

CASE LAWS
BHANUMATI V. STATE OF U.P22
The facts were that the U.P. KeshetraPanchayats and ZilaPanchayatsAdhiniyam ,1961 was
amended in 1965,1976,1990,1994,1998 and 2007. IN 1994, The Amendment was also done of
United Provinces Panchayat raj act, 1947. The amendments in 1947 and 1961 acts were in
keeping with the objectives of constitution 73rd amendment act, 1992. By section 9 of the
U.P.Panchayat Laws (amendment ) ordinance ,2007, latter on act , 2007 , the offices of Up
pramukh, Senior Up-pramukh, Junior Up pramukh and upadhyakshaya were omitted
from 1961 act.
Section 2 of the amendment act omitted Up-pradhan wherever occurring including the
marginal heading .The amendment was in total contravention of part IX of the constitution
22 This case law has been taken from indiankanoon.org/doc/1393394
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providing for a three tier structure of Panchayat administration and the reason for such a three
tier to minimize the executive interference . In the case of removal

or disqualification of

Pramukh orPradhan from running the administration , the Up-pramukh or up- Pradhan
prior to such amendment could have taken over where as the abolition of these office will pave
the way for executive interference.
It was also argued that there is no provision of no- confidence motion in chapter IX of the
constitution and therefore incorporation of this of this principle militates against the principle
ofPanchayati Raj institution .
Besides, substitution of the provision more than half in place of not less than two third i.e.
the no confidence resolution to be carried on by simple majority instead of two third majority
and the reduction of one year in place of two year for bringing no- confidence motion
dilutes the principle of stability and continuity which are main purposes behind the object and
reason of constitutional amendments in part IX of the constitution.The SC dismissed the
appeal and held a constitution is not to give all details of the provisions.
In some Articles23 the state Legislature has been empowered to make a law to implement the
constitutional provision. Further in view of the Constitution doctrine of Silence, the
petitioners arguments cannot be accepted.
AConstitution professing to be a democratic and republican in character cannot be
interpreted to exclude the provision of no-confidence motion in respect of the chairperson of
the Panchayat just because of its silence on that aspect.
As a result of no confidence motion, the chair person of Panchayat ,does not loose this position
as a member of Panchayat and therefore there is no set back to the institution .the essence of
democratic republicanism is that all person who comprise such bodies . Therefore, the
statutory provision cannot be called either unreasonable or ultra vires of part IX of the
constitution .

23 243A, 243C(1), ,(5), 243D(4), 243X(6),243F(1),(6),243G,243H, 243I(2),(4)

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Regarding the contention that the post of chairperson should have the same immunity as the
president of India, the court held the argument of argument of desperation and advanced
without any regard to the vast difference between the constitution status and position between
the two posts ,which were not comparable at all by any standards even the president of India
being subject to impeachment proceedings under Art. 61 of the constitution.
INDIRA SAWHNEY V. UNION OF INDIA 24 AND M.R. BALAJI V. STATE OF
MYSORE25
It is applicable only to reservations enabled by art 16(4).Therefore ,the aggregate reservation
amounting to 80% in scheduled areas is not unconstitutional on the ground of unreasonable
restriction on the rights of political participation of persons belonging to general category . The
exercise of electoral franchise is an essential component of a liberal democracy. Such right do
not have the status of fundamental rights and are instead legal rights which are controlled
through legislative means. There is no inherent right to contest election since there are explicit
legislative control over it.
ROLE OF PANCHAYATS IN RURAL DEVELOPMENT
Development of rural areas has been at the core of planning process in the country and also in
the State. Rural Development is a broad, inclusive term which takes in its consideration
socioeconomic and political development of the rural areas. It includes measures to strengthen
the democratic structure of society through the Panchayati Raj Institutions as well as measures
to improve the rural infrastructure, improve income of rural households and delivery systems
pertaining to education, health and safety mechanisms. Poverty alleviation is a key component
of rural development . Government of India has taken many initiatives for rural development.
For this purpose it has setup the Ministry of Rural Development. This Ministry is a nodal
department for the two international organizations26 The Ministry consists of the following
three Departments:
24 AIR 1993 SC 477
25 1963 AIR 649
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1. Department of Rural Development

2. Department of Land Resources
3. Department of Drinking Water Supply
Following Points Shows Roles Of Panchayat In Rural Development:
FINANCIAL AID TO THE GRAM
PANCHAYATS
Gram Panchayats are given financial aids on the recommendations of State Finance
Commission. The main objectives of the financial aid given to these Panchayats are:
a) Drinking water supply, cleaning and maintenance facilities.
b) Maintenance of public lamp posts, roads, drainage system, cleanliness programmes, primary
schools and maintenance of other public assets.
c) Construction of Panchayat Bhawans for meeting halls and for the residence of secretary of
Gram Panchayat.
d) Construction of Gramin Kisan Bazaar and Livestock Markets.
e) Construction of underground water drainage system for the objective of environmental
cleanliness.

.RURAL CLEANLINESS PROGRAMME

Sampoorna Swachchta Abhiyan (Complete Cleanliness Mission) is a programme financed by
the Indian government with an objective to provide toilets to all rural families by the end of
year 2012 and to make the public aware of the cleanliness programmes and to encourage them
to learn and follow cleanliness habits. The four main objectives of the mission are:
a) Usage of toilets by the rural inhabitants and to change the habit of open toilets till 2012.
26 the Centre on Integrated Rural Development of Asia and the Pacific (CIRDAP) and the Afro-Asian
Rural Development Organization (AARDO).
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b) To construct toilets in government schools and Anganwadi Centres for children in order to
develop the habit of using toilets among children from their childhood.
c) To develop the habit of washing hands before taking meals and after using toilets in rural
areas.
d) To control the diseases arising due to the usage of dirty water by practicing cleanliness in
rural areas.
Under this scheme following main
programmes are carried on:
I. Personal Toilets
II. School Toilets
III. Anganwadi Toilets
IV. Community (Women) Toilet Complex
V. Rural Cleanliness Market Production Centers
VI. Solid and Liquid Waste Management.

ROLE OF PANCHAYAT IN EMPOWERING VILLAGE WOMEN

The presence of 1.05 million elected women representatives in the institutions of local
governance in rural India is truly an extraordinary phenomenon. By granting 33%
reservation27Panchayati raj institutions restored its faith in women leadership. This sent a strong
signal to the patriarchal society to correct its stereotypes associated with females. It also
provided an opportunity to hitherto deprived low caste women. Its spiral affect boosted women
confidence in their abilities and encouraged them to too seek a meaningful role in society. Thus
the Model of democratic decentralisation was well conceived. Empowerment is a
27 Data taken from www.govofindia.in/panchayat/reservationforwomen
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multidimensional social process that helps people gain control over their own lives. It is a
process that fosters power in people for use in their own lives, their own communities and in
their own society, by acting on issues that they describe as important. Above all, empowerment
is a result of participation in decision-making 28. Womens empowerment also refers to the
process by which women acquire due recognition on par with men, to participate in the
development process of the society through the political institutions as a partner with human
dignity. So, PRIs are one of the best ways to encourage empowerment of women.
A survey shows29, that the socio-economic background of majority of women elected to PRIs
were from the lower income group particularly at the village Panchayat level. The micro studies
also show that the working culture of the Panchayat has changed because of the presence of the
women. Finally, a part of the increase in the female literacy rate can be attributed to the
presence of the women in Panchayats and their willingness to get educated. Reservation has
succeeded in bringing the womenfolk in rural India into the political forum. There are many
instances of women members reported in the Panchayat in the study areas of Maharashtra,
Gujarat, Chhattisgarh and Orissa taking a keen interest and playing a significant role in the
working of grassroots politics30. Women members have often used their position in the PRIs to
engage in developmental work in their respective localities and bring in positive changes.

RSERVATION OF SEATS FOR SCs & STs IN PANCHAYATS

Panchayat Raj Institutions is a State subject. The 73rd Constitution Amendment Act has,
therefore, given adequate discretionary powers to State Legislatures to make suitable provisions
in its Acts on the subjects. All states have either enacted new laws or modified the existing laws
to incorporate Constitutional amendments vis-a- vis the provisions on reservations. Article 243
D clearly states that the number of seats to be reserved in any Panchayat should be related to
28 1 Saxena, N, C, What is meant by peoples participation, A note, Journal of Rural
Development.
29 UN Document on Womens development 2012.
30 http://planningcommission.gov.in/reports/sereport
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the proportion of SC & ST population in that Panchayat area 31. However, it appears that some
states have developed different formula for calculating reservation. They have instead taken
state average for SC &ST and reserved that proportion of seats/ posts for SCs &STs. The
reservations of seats can be seen as an instrument to facilitate the empowerment of SC, by first
getting them elected to PRIs and then providing examples as role models, by way of a trickle
down effect, to empower all marginalized women and SC & ST everywhere.

ISSUES IN PANCHAYATS IN INDIA

31 Source: Ministry of Panchayati Raj, Government of India

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Inadequate finance:
The inadequacy of funds has also stood in the way of successful working of the Panchayati Raj.
The Panchayati Raj bodies have limited powers in respect of imposing cesses and taxes. They
have very little funds doled out to them by the State Government. Further, they are generally
reluctant to raise necessary funds due to the fear of losing popularity with the masses.

Lack of cordial relation between officials and people:

Introduction of the Panchayati Raj aimed at securing effective participation of the people. But
in reality this hardly happens since the key administrative and technical positions are manned
by the government officials. Generally there is lack of proper cooperation and coordination
between the people and the officials like Block Development Officers, the District Officers etc.
Again the officers fail to discharge the development duties more efficiently and sincerely.

Mala fIde politics:

The manipulative nature of rural politics is manifest in the techniques used at the time of
elections. Even the Panchayat elections are fought on caste grounds and the traditional
dominant castes have manoeuvred in such a way that they still occupy the positions of power in
the changed set-up.

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SUGGESTIONS FOR BETTERMENT OF PANCHAYATS

District Planning Committee: State Government should give the full powers and freedom to the
District Planning Committee in approving the projects consolidated with district plan. At
present instead of DPC state has the final authority to clear the district plan. Outsourcing of
engineering staff: Preparation of cost estimates and technical sanction by engineers are
significant and time-consuming stages of the execution of development projects. There has
been severe shortage of technical staff in the state causing undue delay in receiving technical
approval for the projects. PRIs should be given powers to outsource engineers to meet the
requirement of technical staff. Functions of gram sabha: State Government should make it
mandatory for all the development projects to get it approved by gram sabha before its
implementation. Adequate financial powers may be given to gram panchayat for utilizing funds
for the proper functioning of gram sabhas. Moreover, adequate powers and responsibilities
should be given to gram sabha to examine the functioning of panchayats and their annual
statement of accounts. This system of social audit will prevent corruption and enhance
transparencies. Scheduled caste (SC) and scheduled tribe (ST) women members suffer from
extreme social, educational and economic backwardness, arising out of the age-old practice of
social exclusion, untouchability, landlessness and geographical isolation. Despite various
provisions including 73rd & 74th Amendments made in the Constitution to safeguards
members of SC and ST from exploitation, not much has changed. Yet, despite their
constitutional rights, representatives of SC and ST community are often denied attendance to
Gram Panchayat and Gram Sabha meetings because of caste based power dynamics, illiteracy,
and dominance of upper castes. This has forced them to make compromises in their role as
elected representatives of local bodies. A large number of men and women come from SC and
ST communities in political spaces, and most of them are playing that role for the first time.
Whether it is called a Mahila Mandal, Self Help Group, Sanhga or Samity. These
efforts of women revolve around creating community space for the development of solidarity
and joint problem solving. These efforts of women need to be promoted and encouraged at the
grassroots democracy (PRI) level. We have to ensure that the real emphasis is on how these
activities can help the community to grow, develop, and transform.
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CONCLUSION
The term Panchayat Raj is relatively new, having originated during the British administration.
Raj literally means governance or government. Mahatma Gandhi advocated Panchayati Raj, a
decentralized form of Government where each village is responsible for its own affairs, as the
foundation of Indias political system. His term for such a vision was Gram Swaraj or Village
Self-governance. It was adopted by state governments during the 1950s and 60s as laws were
passed to establish Panchayats in various states. It also found backing in the Indian
Constitution, with the 73rd amendment in 1992 to accommodate the idea. The Amendment Act
of 1992 contains provision for devolution of powers and responsibilities to the panchayats to
both for preparation of plans for economic development and social justice and for
implementation in relation to twenty-nine subjects listed in the eleventh schedule of the
constitution.
The panchayats receive funds from three sources ie, local body grants, as recommended by the
Central Finance Commission, funds for implementation of centrally-sponsored schemes, and
funds released by the state governments on the recommendations of the State Finance
Commissions.
By the seventy third amendmentPanchayat became an institution of self governance
Article 243(d) and comprehensive provisions came to be incorporated for democratic
decentralization of governance on Gandhian principle of participatory democracy. The
Panchayati Raj institutions structured under 73rd Amendment are meant to bring about
sweeping changes in the governance at the grass root level. By this amendment, Parliament
introduced three tier system of Panchayati Raj institutions at Village, Block and District levels.
Article 243C provides for composition of a Panchayat and filling up of the seats in a Panchayat
by direct election. Article 243D provides for reservation of seats and Article 243E provides for
duration of Panchayat. Article 243F enumerates the grounds of disqualification of membership
of the Panchayat and Article 243G prescribes the powers, authority and responsibilities of a
Panchayat. Article 243H gives power to the State Legislatures to enact law and authorise a
Panchayat to levy, collect and appropriate taxes, duties, tolls and fees; assign to a Panchayat

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such taxes, duties, tolls and fees levied and collected by the State Government and also provide
for making such grants-in-aid to the Panchayats from the Consolidated Fund of the State.
Clause (d) of this Article envisages a legislative provision for constitution of appropriate
provisions for crediting all monies received by or on behalf of the Panchayats and also for
withdrawal of such monies. Article 243I envisages constitution of Finance Commission to
review financial position of the Panchayats.
An analysis of Article 40 and Articles 243 to 243O shows that the framers of the Constitution
had envisaged Village Panchayat to be the foundation of the countrys political democracy -a
decentralized form of Government where each village was to be responsible for its own affairs.
By enacting the Constitution (Seventy-third Amendment) Act, Parliament has attempted to
remedy the defects and remove the deficiencies of the Panchayati Raj system evolved after
independence, which failed to live up to the expectation of the people in rural India. The
provisions contained in Part IX provide firm basis for self-governance by the people at the
grass root through the institution of Panchayats at different levels. For achieving the objectives
enshrined in Part IX of the Constitution, the State Legislatures have enacted laws and made
provision for devolution of powers upon and assigned various functions listed in the Eleventh
Schedule to the Panchayats. The primary focus of the subjects enumerated in the Eleventh
Schedule is on social and economic development of the rural parts of the country by conferring
upon the Panchayat the status of a constitutional body. Parliament has ensured that the
Panchayats would no longer perform the role of simply executing the programs and policies
evolved by the political executive of the State. By virtue of the provisions contained in Part IX,
the Panchayats have been empowered to formulate and implement their own programs of
economic development and social justice in tune with their status as the third tier of
government which is mandated to represent the interests of the people living within its
jurisdiction. The system of Panchayats envisaged in this Part aims at establishing strong and
accountable systems of governance that will in turn ensure more equitable distribution of
resources in a manner beneficial to all.The Union Cabinet of the Government of India, on 27
August 2009, approved 50% reservation for women in PRIs (Panchayati Raj NIJO Institutions).
The Indian states which have already implemented 50% reservation for women in PRIs
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are Madhya Pradesh, Bihar, Uttarakhand and Himachal Pradesh. As of 25 November 2011, the
states of Andhra Pradesh, Chhatisgarh, Jharkhand, Kerala, Maharastra, Orissa, Rajasthan and
Tripura also reserve 50% of their posts for women.

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BIBLIOGRAPHY
BOOKS REFERRED:
Constitution of India (Eleventh Edition), Eastern Book Company..by M. P. Singh
Panchayati Raj India(2007), National Book Trust..by M. Aslam
Outlines Of Legal Language In India (sixth edition), Central Law Publication..by A. Prasad.
WEBSITES:
www.wickipedia.com
www.scribed.co.in
www.panchayatiraj.nic.in
www.rural.nic.in

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