Panchayats
Village Panchayat
In the structure of the Panchayati Raj, the Village Panchayat is the lowest unit. There is a Panchayat for each village or a group of villages in case the population of these villages happens to be too small. The Panchayat chiefly consists of representatives elected by the people of the village.
Only the persons who are registered as voters and do not hold any office of profit under the government are eligible for election to the Panchayat. The persons convicted by the court for criminal offences are disqualified from election of the Panchayat.
There is also provision for co-option of two women and one member of the Scheduled Castes and Scheduled Tribes, if they do not get adequate representation in the normal course. The Panchayat as a body is accountable to the general body of the village known as Gram Sabha which meets at least twice a year. The Gram Panchayat must present its budget, accounts of the previous year and annual administrative report before the Gram Sabha. Furthermore, it has to secure the latter’s approval of the village production plan, proposals for taxation and development programmes before they are enforced by the Panchayat.
Every Panchayat elects a President or Sarpanch and a Vice-President or Upsarpanch. In some states the Sarpanch is directly elected by the Gram Sabha either through the show of hands or through secret ballot while in other states the mode of election is indirect. The Sarpanch occupies a pivotal position in Gram Panchayat system. He supervises and coordinates the various activities of the Panchayat. He is an ex-officio member of the Panchayat Samiti and participates in its decision-making as well as in the election of the Pradhan and of the members of various Standing Committees. He acts as the executive head of the Panchayat, represents it in the Panchayat Samiti as its spokesman and coordinates its activities and those of other local institutions like cooperatives.
Panchayat Samiti
The Panchayat Samiti is the second on join tier of the Panchayati Raj. The Balwant Rai Mehta Committee report has envisaged the Samiti as a single representative and vigorous democratic institution to take charge of all aspects of development in rural areas. The Samiti, according to the Committee, offers “an area large enough for functions which the Village Panchayat cannot perform and yet small enough to attract the interest and services of residents.”
Usually a Panchayat Samiti consists of 20 to 60 villages depending on area and population. The average population under a Samiti is about 80,000 but the range is from 35,000 to 1, 00,000. The Panchayat Samiti generally consists of-
- About twenty members elected by and from the Panches of all the Panchayats falling in the block area;
- Two women members and one member each from the Scheduled Castes and Scheduled Tribes to be co- opted, provided they do not get adequate representation otherwise;
- Two local persons possessing experience of public life and administration, which may be beneficial for the rural development;
- Representatives of the Co-operatives working within the jurisdiction of the block;
- one representative elected by and from the members of each small municipality lying within the geographical limits of a block;
- the members of the State and Union legislatures representing the area are to be taken as associate members.
Zilla Parishad
The Zilla Parishad stands at the apex of the three-tier structure of the Panchayati Raj system. Generally, the Zilla Parishad consists of representatives of the Panchayat Samiti; all the members of the State Legislature and the Parliament representing a part or whole of the district; all district level officers of the Medical, Public Health, Public Works, Engineering, Agriculture, Veterinary, Education and other development departments.
There is also a provision for special representation of women, members of Scheduled Castes and Scheduled Tribes provided they are not adequately represented in the normal course. The Collector is also a member of the Zilla Parishad.
The Chairman of the Zilla Parishad is elected from among its members. There is a Chief Executive Officer in the Zilla Parishad. He is deputed to the Zilla Parishad by the State Government. There are subject matter specialists or officers at the district level in all the states for various development programmes.
The Zilla Parishad, for the most part, performs co-ordinating and supervisory functions. It coordinates the activities of the Panchayat Samitis falling within its jurisdiction. In certain states the Zilla Parishad also approves the budgets of the Panchayat Samitis. The Zilla Parishad also renders necessary advice to the Government with regard to the implementation of the various development schemes. It is also responsible for the maintenance of primary and secondary schools, hospitals, dispensaries, minor irrigation works etc. It also promotes local industries and art.
The finances of the Zilla Parishad consist of the grants received from the State Government and share in the land cess and other local cess and taxes. Sometimes it has been allowed by the State Government to levy certain taxes or enhance the taxes already levied by the Panchayat Samitis subject to a certain limit.
planning and capacity building in Panchayati raj system
Panchayati Raj Institutions (PRIs) are rural local governments entrusted with the responsibilities to prepare plan and implement schemes for economic development and social justice in rural India. A number of Centrally Sponsored Schemes (CSS) assign important role to PRIs. In addition, PRIs are also involved in implementation and monitoring of several State Schemes. For achievement of Sustainable Development Goals (SDGs) in rural India, PRIs will have to play a key role. Importance of PRIs is also in ensuring people’s participation and enforcing downward accountability in the rural development initiatives. It would not be wrong to say that if India has to achieve good governance, PRIs have to function effectively as envisaged by the Indian Constitution.
Part IX of Indian Constitution is applicable in all States and UTs except Meghalaya, Mizoram, Nagaland & parts of Hill areas of Manipur, Darjeeling district of West Bengal, parts of Assam and Tripura. Currently there are approximately 2,55,309 PRIs in India, of which approximately 2,48,160 Gram Panchayats (GPs), 6,284 Intermediate Panchayats (IPs) and 595 District Panchayats (DPs).Article 243 G provided for the Powers, Authority and Responsibilities of Panchayats, Subject to the provisions of the Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level; subject to such conditions as may be specified therein, with respect to a) the preparation of plans for economic development and social justice; and b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.
Therefore the Panchayat is expected to perform with reference to these duties, responsibilities and authority such that the delivery of services is par excellence. However, due to inadequate capacity, experience, training, etc. they are unable to do so resulting in loss of confidence in the Ministries / Departments to delegate / nominate them as agents for service delivery. Same arguments are used by State governments to avoid devolution of functions, funds and functionaries to Panchayats. Hence, capacity development of PRIs is imperative to strengthen rural local governance in India.
Challenges of Capacity Development of PRIs
Reaching out to large numbers of ERs and functionaries
As stated earlier, there are 2.48 lakh GPs and number of ERs is about 28 lakh. Added to these are more than 10 lakh functionaries that are working at the GP and below levels under various Ministries/Departments State Rural Development Institutes along with other support training institutes and NGOs are dealing with the issue of capacity building of this huge number in several ways. However, the infrastructure currently available and dearth of quality trainers for Panchayat level capacity building makes it a mammoth challenge to be addressed.
Preparing appropriate training modules
While reaching out to a large number of stakeholders, it is necessary to ensure that the standards of the training modules is maintained, and the needs of people with diverse backgrounds are addressed. This requires a great deal of institution building, networking, monitoring mechanisms, etc. ERs of PRIs is a heterogeneous group consisting also of illiterate or less educated and of marginalised sections such as women, SC and ST. Preparing a training module which can cater to this heterogeneous group is a challenge. Development of ERs and functionaries of PRIs involves imparting knowledge, skill development and attitudinal change and hence all three components need to be addressed by any module. PRIs have to deal with varied subjects and sectoral experts are required to give inputs in the preparation of modules which is a challenge.
Deploying adequate quality trainers
Different modes of training require quality trainers with specific subject matter specialization and expertise. With change in the approaches to training, trainers are required with special skill-sets for such modes of training. It is also of utmost importance that these trainers have extensive knowledge of grassroots’ circumstances / conditions in diverse geographical conditions, culture, environment, etc., to be able to tailor make the trainings as per the requirement of the ERs.
Handholding at GP level
For effective capacity development of ERs apart from classroom training programmes, utopian, as generally what is communicated is far from ground reality. The lectures at these sessions explain the various rights, powers and duties of the ERs and PRI functionaries. In reality neither would the PRI have been devolved any functions by the State Government, nor would have been involved in any of the Government programmes. Mentoring is a necessary component for effecting the gains from a good training programme. There are extremely rare cases where some NGO has done handholding of a PRI.
Unviable size of Panchayats
The below tables shows the average population per GP and the status of functionaries in PRIs across the country. There are about 8000 GPs with a population of 500 or less. Any resources made available to a GP with uneconomical area are of little support. Human resource at such levels is also impractical.
Lack of office buildings and staff
About 48476 Panchayats (about 20%) are without Panchayat building and many Panchayat buildings are in dilapidated condition. only 63% of total number of Gram Panchayat having sanctioned posts for the Panchayat Functionaries (Secretary or Equivalent) and approx. 31% of total sanctioned Posts of Secretary or Equivalent are vacant. Lack of requisite manpower at Panchayat level makes it difficult for proper functioning of the Panchayat as an institution for local governance and development, and severely constrains their activities and proper reporting.
Capacity Building Initiatives
Rajiv Gandhi Panchayat SashaktikaranAbhiyan (RGPSA): RGPSA was a Centrally Sponsored Scheme (CSS) implemented during financial year 2012-13 to 2014-15 having State component and Central component. Key objectives of the Scheme included a) to enhance capacities and effectiveness of Panchayats and the Gram Sabhas; b) to enable democratic decision-making and accountability in Panchayats and promote people’s participation; c) to strengthen the institutional structure for knowledge creation and capacity building of Panchayats; d) to promote devolution of powers and responsibilities to Panchayats according to the spirit of the Constitution and PESA Act; e) to strengthen Gram Sabhas to function effectively as the basic forum of people’s participation, transparency and accountability within the Panchayat system; f) to create and strengthen democratic local self-government in areas where Panchayats do not exist; g) to strengthen the constitutionally mandated framework on which Panchayats are founded.
Training infrastructure: Fourteen District Panchayat Resource Centres (DPRCs) have been sanctioned from 2013-14 to 2016-17 under RGPSA, out of which ten DPRCs are completed and four DPRCs are under construction. Further, three Divisional Training Centres (ETCs) and two Panchayat Training Centres have been constructed under State Plan. Three DPRCs have been sanctioned in the FY 2017-18. The panchayat functionaries in the State are trained by State Institute of Rural Development (SIRD) and Central Training Institute (CTI) at Ranchi, Divisional Training Centre (DTC) each at Hazaribagh, Chaibasa and Palamu and Panchayat Training Institute (PTI) at Deoghar. The SIRD in the State provides training to all kinds of functionaries whereas DTCs and PTI provide training only to the Panchayat functionaries. DTCs and PTI have been allotted adjoining Districts of the State for providing training to the functionaries. The CTI and SIRD provide training to the PR functionaries of the entire State. DPRCs also provide training at the District headquarters level.
Planning mechanism and experience in Panchayathi raj institutions
Ever since India got freedom in 1947, efforts have been made to strengthen the panchayati raj system to create, in the rural people a sense of participation in the nation-building programme.
Article 40 under Directive Principles of State Policy of the Constitution directs the state “to organise village panchayats as units of self- government”. It was in pursuance of this objective and as a part of the planning process that the Community Development (CD) programme was launched in the country on October 2, 1952.
The aims of the CD programme are to make use of the vast unexploited resources in the countryside, encourage employment and use of scientific methods of agriculture, cottage and small-scale industries, inculcate a spirit of self-help among the rural people through developmental work, provide greater amenities to villagers through voluntary contribution of labour, and bring about social change through cooperation.
Following the acceptance of the recommendations of the Balwant Rai Mehta Committee, set up in 1953, by the National Development Council in 1958, the CD programme was integrally connected to panchayati raj institutions (PRIs), setting the stage for launching of panchayati institutions on a nationwide scale.
The Balwant Rai Committee recommended the establishment of Panchayati Raj on the principle of ‘democratic decentralisation’. The scheme envisaged a three- tier system of- local self-government with panchayats at the village level, panchayat samitis at block level and zila parishad at district level.
However, the system did not prove a complete success and various shortcomings were noticed. As a result, the government set up a committee in 1977 under the chairmanship of Ashoka Mehta to review the working of Panchayati Raj. In its report, submitted in 1978, the committee favoured the replacement of the existing three-tier system with mandal panchayats at the base and zila parishads at the top.
The committee favoured reduction of the dependence of PRIs on the state governments and suggested that they raise their own resources, by the grant of compulsory powers of taxation to them through an amendment to the Constitution. It suggested the creation of a monitoring forum to safeguard the interests of vulnerable social and economic sections. But the recommendations of the Ashoka Mehta Committee were not accepted and the PRIs continued to work as before.
Concerned at the fact that the Panchayati Raj system was not being taken very seriously by the states, the government put forward the 72nd Constitutional Amendment Bill in the Parliament in 1992. The amendment inserted Part IX containing Articles 243 to 243-0 in the Constitution.
It got constitutional status as the 73rd Amendment Act in 1993 after ratification by more than half the number of states. Almost all the states have enacted the necessary legislation for setting up of strong, viable and responsible panchayats at different levels in their respective states/Union territories.
Under the 73rd Amendment Act, state legislatures may by law confer on Panchayats the powers and authority necessary for them to function as institutions of self-Government. Their responsibilities could cover preparing plans for economic development and social justice, implementing these plans, and control over certain matters listed in the Eleventh Schedule which contains 29 items, such as land improvement, minor irrigation, animal husbandry, fishery, women and child development, and education. Thus the Eleventh Schedule envisages a distribution of powers between the state legislatures and the Panchayat. The powers of the local bodies are to be delegated by the state legislature.
The state legislatures can authorise Panchayats to levy, collect and appropriate suitable local taxes and also provide for making grants-in- aid to the Panchayats from the Consolidated Fund of the State.
Article 243 I says that within a year from the date of the Constitution’s 73rd Amendment coming into force, i.e., from April 25, 1993, and afterwards every five years, the state government is to appoint a Finance Commission to review the financial position of the Panchayats and to make recommendations on the following matters:
- distribution between the state and the panchayats of the net proceeds of taxes, duties, tolls and fees leviable by the state which may be divided between them and the manner in which the allocation is to be made among the various tiers;
- what taxes, tolls and fees may be assigned to the panchayats; and
- grants-in-aid to panchayats. The Commission’s report with a memorandum of action taken on it is to be laid before the state legislature.
The state governments are required to constitute district planning committees (DPCs), as envisaged under Article 243 (ZD) of the Constitutional 74th Amendment Act (which deals with the urban civic bodies) at the district level to facilitate the process of decentralised planning by consolidating the development plans prepared by the panchayats and municipalities for the district as a whole covering both rural and urban areas. The DPC will submit draft district development plan to the district administration. The committee will have members elected by and from the district level panchayat and municipalities of the district.
The 73rd and 74th Amendments mark a new era in the federal democratic set-up of the country by providing constitutional status to the local self-governing institutions at the rural and urban levels. The two amendments are, indeed, landmarks.
As regards the content, state legislatures have been reluctant to transfer real powers and have retained with them, or with their officials, the powers of supervision, control, suspension, notification of functions, approvals of the schemes and the like. Under the amendments, the state will have to grant these powers to the grassroots institutions.
There is a view that even if the local government institutions are not made truly self-governing, the DPC will be greatly involved in formulating their plans, which is a major improvement over the existing state of affairs.
However, the amendments suffer from some weaknesses. Although provisions have been made with regard to transfer of subjects to be dealt by the PRIs, the Acts are not clear about the transfer of personnel and funds in respect of the subjects transferred to the panchayats.
As self-government units, panchayats must have their own cadres of employees whom they can recruit and have disciplinary control over. The role of the district collector vis-a-vis the elected bodies must also be determined.
The success of the PRIs will depend on the following five things:
- PRIs and state governments must fully want the system, for often they are their own enemies;
- Resistance from the bureaucracy must be countered with suitable personnel policies at the state and lower levels;
- Local leaders must look to the new system as an opportunity for tackling poverty in the community and not only as a good chance for exercise of power and patronage;
- The system of accounting, audit and accountability must be established on a sound basis; and
- Panchayati Raj functionaries, especially those belonging to SC/ST and women categories, and civil servants must be trained or exposed “to knowledge, skills and attitudes for making the system work”.
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