Name +Hoon Kethocw ci?) - Be lesserH TNG.ALLE 4 ee PA LOCAL Govern en ose SBR . ) Intr 5s WH (Panchafats and Jirgas are Kinds of Iocal government system through which social justice and local Geveloprient issues are (egulatetand managed, hese systems have functioned for centuries in the sub- continent, These are a kind of today's ADR systarns. Panchayats and Jirgas are now becoming part of local government system which is operational in more then sixty countries in the third world. [tis good to learn «ns characteristics of Panchayatsand Jifgas; and in this way, we can better understand ADR system within our own culture and traditions. : y q . Definitions of Pénchayat + 1. Panchayat-a lage-council. 2. “Panchayat literally means assembly (yat) of five (panch) wise and respected elders chosen and accepted by the village (local) community, 3. The other word for panchayat is called Jiiga From an informal, community-based body that was meant to settle small claims, the “jirga’, of council of bal elders, has in Pakistan been allows: merge as a powerful force protecting the interests of the Called Panchayat or Jirga. 1. A Pashto term for a decision making assembly of male elders; most criminal cases are handled by atribal =, +; Jirga rather than by state laws or police. u - i 2. A sirga (occasionally jrgah) (Urdu: » ) is a tribal assembly of elders which takes decisions by ; consensus, particularly among these Pastittns but elso in other ethnic groups near them; they are most sserimon among the Pashtuns in Pakistan ane Afghanistan,a ; a nT .oya Jirga - a grand council or grand assembiy used to resolve political conflicis or other national ee ee SONS 4 - problems, (Example: Receht Pak Ai ji : The word Jirga is used in Afghanistan and Pushtun areas in NWFP. In Pakistan, both words are used depending upon the area. } Fi ingtions of Papéhayat and its ‘veegf Traditionally, Panchayats are used to settle disputes between individuals and between n villages. Modern Panchayats also address key social issues by manipulating and using unchallenged power of elders and chieftains. Indian government has decentralised several admi istrative functions to the village level, empowering elected Panchayats at three levels or tiers. However, in Pakistan panchayais are not working in many rural areas/villages- Police stations or Thanas are now active components of state machinery to provide justice to people. The poor in our rural areas remain shy wv Types andkayats: (4) Village panchyats (members of panchayats fro! : (2) inter-village panchayats (between villages, rare ‘gut discuss issue of serious nature like inter-village. to get justice irom ihe prese Thana culture of police. conflicts); . (3) Biradari Panchayats (betweenPopularity of Jirga System virgas are used increasingly jn Pakistan. Cost of justice ‘and delay in dispensing justice by the courts are the e seekers are reluctant to come forward also compel people to seek justice through panchayats and jirgas. Frontier Crimes Regulation (FCR) of 1901S Due to efficiency and people's acceptability, sometimes tribal itgas are recognized as lawfully establishad Judicial tribunals, although the law under which they are created, the (Frontier Crimes Regulation (FCR) of 1901), has been generally denounced by the superior juuiciary of the country and also by some people. Theoretically,-a Jirga’s findings are in the form of an advice, but custom has elevated these findings to the level of a court verdict which usually translates into faw. (a kind of ADR). This law is applicable only to the tribal areas. The council of elders has jurisdiction in both ci ‘al matters. No appeal is generally allowed against Jirga verdicts although the commissioner can review any case. Ajirga has sweeping powers to impose penalties in criminal cases. It can award punishments in the shape of ion of a convict's house and the blockade by a hostile or fines, whipping, life imprisonment, dem unfriendly tribe. Technically, under the FCR, ajirga cannot award capital punishment. Jirga system can be compared with jury system in America Jury can also decide with in boundaries of State Laws. But jirga has unlimited powers. gender equality movement, Jirgas are usually projected as unlawful activities against women. The ruthless sult of women's relational and honour-related importance. the context of decisions made by Jirgas,are tt New Panch System =e Panchayati Rj Is’@ new system of governance in India and elsewhere, In which gra basic units of adminstration. “Raf literally means governance or govemment, Panchayati Raj, a decentralized form of Government where each village is responsible for its own affairs. m Panchayat are'the fy ir © Inthe history of Panchayati Raj in India, on April 24, 1993, the Con tional (73rd Amendment) Act, 1992 institutionailzéd Panchayati Raj institutions, | ~-ranchayets Raj System s The system: Panchayati Raj Institutions the grass-roois units of self-government have been proclaimed as the vehicles of socio-economic transformation in rural India. Effective and meaningful functioning of these bodies would depend on active involvement, contribution and participation of its citizens both male a and female. The aim of every village being a republic and Panchayats having powers has been translated into ' reality with the introduction of the three-tier Panchayati Raj system to enlist people's participation in rural reconstruction ‘unds to Panchayats Panchayats receive funds from three sources i L local kody grants, as recommended by the Central Finance Commission i. funds for implementation of centrally-sponscred schemes ti. funds released by the state governments The council leader In panchayat is named Sarpanch, and each member is a Panch. The-panchayat acts as a conduit between the local government and thie people. Decisions are taken by a majority vote (Bahumat).af = } Village : At thé village level, itis called a Panchayat, It is a local body working for the good of the village. It woes belo) ~ a8 Blocl The blocte! level institution is called the panchayat sam +t: The district-level institution j fled the zilla parishad. ee 74th Constitution Amendment Acts (1992) in India o4 1. Panchayats and Municipalities will be "institutions of self-government 2. Basic Units of Democratic System - Gram Sabhas (villages) and Ward Committees (Municipalities) comprising all the adult members registered as voters. ©. Three-tier system of panchayats at village, intermediate block/taluk/mandal and district levels. Smaller . states with population below 2 million will have only two tiers 4.51 d by direct election ~ Chairpersons $f the Panchayats at all leveis also shall be reserved for SCs and STs in proportion to their population. ~ Of the seats reserved for SCs and d offices of chairpersons at all levels reserved for women: 4. Uniform of the term. In the event issalution, elections to be held compulsorily within six months.Responsi The various. Rural Development Works carried at the Villages, Gram Panchayats, Block and District levels are Planned, implemented, monitored and maintained ky the Zilia Parishad. These works are monitored on the State Level by the Panchayats & Rural Development Department of thé Government of West Bengal and on the National level by the Govt. of India. The Z.P. at the district level is responsible for the fevelopment and welfare works carried through the cer state sharé and its own funding. Zilla Parishad /supervises the works of Panchayat Samities as well as Gram Panchayats within its Jurisdiction. PANCHAYAT SAMITIES ~ 4 G@foere are 18 anchayat Samities in the aistel/ Each Panchayat Samit is functioning with the Community | Development at the Block level created by the government in the Panchayats & Rural Development Deptt. Each Panchayat Samiti consists of official and elected members. The official members are the Block Dev. Officer and the Officers of various State Govt. Dept. ordinarily stationed at the Block level. The offi | bearers include the Panchayat Samiti members and the Pradhan of the Gram Panchayats. Savapati is the | head of the body and is elected directly by the Panchavat Samiti members. And BDO of the respective block is the Executive Officer of the Panchayat Samity. (The main functions of the Panchayat Samitis are planning, execution and supervision of all develo mental ee in the Block . It T supervises the wolics of Gram Panchayats within its Jurisdiign,] ram Pan Gram Panel 4ch Gram Panchayat comprising some villages and is divided into mouzas. The ele Pradhan & members are conducted according to the provisions of the West Benga! Panchayat Election Pradhan as the head of the GP'is elected by the G.P. members. Thére are 210 Gram Panchayats in ¢ is the primary unit of Panchayati Raj Institutions |The district has 210 Gram Panchayats) n of Pradhan, Upa- Riles. this district under 18 Panchayat Samitis.A © Pram seo) hy J fie Tam Sabha isthe most powerful foundation of decentralized governance by ensuring elected> representatives. They are directly and regularly accountable to the people] However, the Gram Sabhas are yet to become operational entities and to do justice to their potential for making the Panchayat system truly ‘self-governed and a bottom-up structure. Some of the key features in relation to Gram Sabhas are as follows: The quorum for a Gram Sabha meeting remains one tenth & it is essential to have one-third of the quorum as women members. The Gram Sabha will work as a supervisory body, and audit and regulate the . functioning of Gram Panchayats. Recommendations of the Gram Sabha will be binding on the Gram Panchayat. The Gram Sabha can approve as well as audit expenditure up to a limit (3 lacs). The Panchayat Karmi (Panchayat Secretary appointed by the Panchayats but drawing salary from the state government) can be removed from his/her post only if the Gram Sabha approves it. All the villages within a Gram Panchayat can have separate Gram Sabhas. The Gram Sabha will have the right to recall the Pradhan after two and a half years of commencement of his/her tenure Gram The key role: oD od to the Gram Sabha are microplanning, social audit of Panchayat functioning, "ratification of Panchayat accounts, balance sheets, identification and approval of beneficiaries, and = supervisory and regulatory functions.The following indicators were chosen for assessing tha prevailing situation in the field: _-1. Participation and level of awareness of the Gram Sabha. “2: Issues of discussion and the process of decision-making. - 3. Pattern of leadership. 4. Capacity of Gram Sabhas. a ‘@ tiers (GP, PS & ZP) to the Gram Sabha. 5. Transparency and accountability of ie Since L Modern Functions of ranchaya LE These are the modern f functions of Panchayat. i. General F Functions “tose Agricultural Extension 3 Animal Hus sent Dairying and Poultry Fishes 5. Social and Farm Forestry, Minor Forest Procuce Fuel and Fodder 6. Khadi, Village and Cottage Industries 7. Rural jing pect weer 9, Roads, Bulldings, Culverts, Bridges, Ferrics, Waterways And Other Means Of Communication 10. Rural Electrification 41. Non-Conventional Energy Source 12. Povepty Alleviation Programmes }Functions of Pangif yat os = Following are thé usual functions of Panchayat. 1, Cultural Activities : | 2. Markets And Fairs 3. Rural Sanitation 4. Public Health And Family Welfare 5. Women And Child Development 6. Social Welfare, Including Welfare Of The Handicapped And Mentally Retarded 7. Welfare of the Weaker Sections and in particular the Scheduled Castes and Scheduled Tribes 8. Maintenance Of Community Assets 9. Construction And Maintenance Of Cattle Sheds, Ponds And Cart Stands 10. Construction And Maintenance Of Slaughter Houses 11. Maintenance Of Public Parks, Playgrounds Ste 12. Regulation Of Manure Pits In Public Places 13. Such Other Functions As May Be Entrusted -Shes dowel CHAPTER 25 THE PANCHAYATS, Ti Cc (Articles 243 to 243-2G) PART-IX ‘THE PANCHAYATS (Articles 243 to 243-Q) stitutions (PRs) to make th da rural parts of the country. ‘An analysis of Article 40 and Article 243 to 243-0 shows ths framers of the Con ichayat to be the foundation of the countrys political democracy a de d form of Government where each village was to be responsibie for its own affairs ing the object and and reasons for mn (Seventy-third Amendment) Act, 1992, the Apex Court sai ment had attempted to remedy the defects and remove. the Raj system evolved after Independence, which failed ehetra: Semi, AIR 1995 SC 1512 SE, Ans. #0,243,2434 430 | THE PANCHAYATS, ETC, e27 le firm basis for self-governance by the people, at the grass tivation of Panchayats at different lovels, Part IX enables for devel £ powers upon the 2a bee Se vl "be Tey hae, nun, en empezar Broeammes of ernomic dorms! al ith goverment whi a se erent of th people ting ins ei ie ngs oro he sub enumerate eens Seed ‘r propounding the above analysis, the Supreme Court Calangute ©. Addl. Director of Panchayat Us ruled that ropresenti ‘Of the people, could to accompany and 3 of the Goa Panchayat Ac 7 ruetions Company Pvt. Ltd sty at Porbawado, Calangute, Bardez. The loc: Against the construction, alleged to be constructed i 7 Panchayat passed a resolution cancelling the permission granted to the respondent company. Definitions le 248 (b) defines "Gram Sabha" as a body consisting of persons fa village comprised within the According to Article 243 (¢), a Panchayat" means an jnstitution of nent constituted under Article 243-B for the rural area It may yany name Article 243 (e) declares that the territorial area of a Panchayat shall as "Panchayat area." For the purposes of this Part, a "village" means a village specified by the Governor by Public Notifieation and shell include @ group of villages so stecified." laues (f) of Article 243 defines the expression "Population" to mean ieo 2 - es cw. 228 CONSTITUTIONAL LAW OF INDIA [ chan. 25 16(4),2838-43D ]_ THE PANCHAYATS, ETC. the population figures shall be ascertained from the other relevant Kad vecord. ‘The Rules were upheld as not inconsistent with the | ired and other members of Panchayat whethier or net chosen by dire Shall have the right to vote inthe meetings of the Penchatae ‘Tho Chairperson of a Panchayat at the village such manner as the Legislature of a State may, a Panchayat at the inter lic ol or distri: and from amongst, the elected mombers Dive provision of the Constitution being sbjective that elections had to be held to constitute Pancha C CONSTITUTION OF PANCHAYATS (Article 243-B) Article 243-B (1) provides that there shall be constituted in every State, trict level Panchayats at the lage’, ‘intermediate’ and ; lage’, ‘intermediate’ Reservation of Seats (Article 243-D) : Article 249-D (i) provides forthe reservation of seat in Pa i the Scheduled Castes and Scheduled Tribes Peacrets Be | ‘The number of sea same proportion ta the iecordance with the provisions of this Part. However, Clause (2) provi that Panchayats at the intermediate level may not be constituted in a State having # population not exrveding twenty lakhs. ition of Panchayats (Article 243-C) 249-C (1) empowers the Legislature of a State, by law, to make made is, led by dred deuten led by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat bears to the total population of that area and such seats may be allotted by rotation to the territorial area of a Panchayat at any level and the number of seats in different constituencies in a Panchayat, Clause (2) of Article 248-D requires Such Pacehevat te be tilted ty election shall, s0 far as practiesble, be the that there shall be reserved for women belonging to the Scheduled Castes or, fas the caso may be, the Scheduled Tribes, at least one-third ef the total | | same throughout the State."! i a ae by ne se eles eee tae ergs aes ae 1 subjected to the provisions of Part jopulation of election from territoris cies. in. the Panchays For this Out of total seats to be filled by direct election in every Panchay: purpose, each Panchayat area shall be divided into territorial constituencies (ineluding the seats reserved for SC’s and ST's e ratio between the population of each constituen ents shall be reserved for women. Su a , be the same different constituencies in a Panchayat “Clause (4) of Article 243-D lays down that the Logislature of « Stato may, by few, provide the manner for the reservation of the offices of the con of the Chizpefenne of tha Panchayats at the Ghairpersone in Panchayats at village or other level, for the Scheduled pe eters Hide Uaneharee ee : Castes, the Scheduled Tribes and women. However, yall be in proportion to the population of each category. '243-D has been held to be a less than one-thi {¢ shall, so far as practicable, case of a State not having in the, Panchayats at the district resentation of the members of the Lok Sabh: ive Assembly of the State representing con: which comprise wholly or partly a Panchayat area at a than the village le mn It was pointed out that these posts could not be equated with solitary posts in the context of public employment. rs It is further required that not less than one-third of the total number of offices of Chairpersons in the Panchayats, at shall be reserved for women." The number of offices reserved shall be allotted by rotation to differont Panchayats at ead ‘The reservation of seats in Panchayats and of offices of Chairporson:, excessive reserv (@) for the representation of the members of the Rajya Sabha and of the Legislative Council of the State, where they are registered as electors within— ' Panchayat at intermediate lovel rem, type af propertional represent fhe Ghairms See’ Lalit-¥. Poavan, 2004IAL LAW OF NDIA U Chap. 25 led Tribes shall cease:to have effect on the expiration Reservation for Backward Classes [Article 243-D(6)] Clause (6) of Article 243-D empowers the Legislature of a State to provide reservation of Panchayat seats ot offices of Chairpersons in the Panchayats at any level in favour of backward classes of citizens, Recently, a 5-Member Constitution Bench of the Supreme Court, ._ ‘headed by.the CJI, Justice K.G. Balakrishnan, said the quotas in local bodies % Were justiciable because the objectives of grassroot democracy were not only to bring governance closer to the people but also to make it more Participatory, inclusive and accountable to the weaker sections. SURATION OF PANCHAYATS (Article 243-E) Clause (1) of Article 243-E lays down that every Panchayat, unless Sooner dissolved under, any law, for the time being in force, shall continue for five.years from the date appointed for its first meeting, amendment of any law in force shail have the effect of causing dissolution .endment An tute a Panchayat shall be completed before the expiry of its term of five In case of dissolution of a Panchayat, the election to that Panchayai before the expiration of six ‘months from the date where the remaining period for the Panchayat dissolved is less than six months, it shall not be necessary to hold any election for constituting the Panchayat. Tt'is held to be settled law that the State Government is duty bound to comply with the mandate of the Constitution provided under Article 243-E, whereunder the élection to constitute a Panchayat shall'be complete before 1¢ expiry of the dissolution.” _ S : ‘A Panchayat constituted upon dissolution before the expiration of it he duration of five years shall continue only for the remainder of the period fo which the dissolved Panchayat would have continued, had it not been so dissolved * "Squalifications for Membership (Article 243-F) ‘a -P bbe disqualified for being (@) if he is so force for" the purpose of elections to -- concerned. However, no person shall be disqualified on the ground Legislature of the Stat Of Arise HED See alee Article 334 Tnfra, 1028-20. of Anite 249.6 ‘Manipur, Atf 2010 Gau. 100. See aizo Proviso to Clause Lo °. .. a THE PANCHAYATS, ETC, on Ais, 2430-43634 | If any question arises as to whether a member has become subject to any of the above mentioned disqualification, the question shall be referred for the decision of such authority and in such mannor as the Legislature of a State may, by law, provide f upholding the Haryana ‘person having more right to fundamental nor a common law right. In view of Part IX having beon added jht be, at the most, said t6 be a constitutional iginating in the Constitution and given shape by Statute. It ‘obviously subject to qualifications and AUTHORITY AND RESPONSIBILITIES OF POWERS, PANCHAYATS (Article 243-G) Article 243-G provides that subject to the provisions of the Cons the Legislature of a State may, by law, endow the Panchayats ity as may be necessary to enable them to function as jaw may contain provisions for the jes upon Panchayats at the appropriate ‘may be specified therein, with respect level, subject to such conditions bo (a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and: Stating that the Preamble, Part IV? must guide our understanding of the Panchayati Raj institutions and the role Panchayat-II,” ruled ‘The conceptualization of the Village Panchayat, as a unit of solf- government, having the responsibility to promote ‘social justice and economic development and as a representative of the peo} jurisdiction, must be borne in mind, whi by the State, which seek to define the ambit and scope of the powers i‘asa CONSTITUTIONAL aw oF INOW Fans, 239,24346432L1 eee. and functions of Panchayats at. various levels. Audit of Accounts of } cle 243-3) Powers to impose Taxes by the Panchayats (Article 243-H) with seep mee islature: aw, Article 243-H proviies that the Legislature of a State may, by law.— auditing of suds oogunte gnance’ ints by. (@) authorise a Panchayat : ELECTIONS OF THE PANCHAYATS (Article 243-K) a ‘The superintendence, direction trol of the oral” (assign ta « Panchayat ay tne, datos, tls and foe levied nd ral for sod tho ond! dal elton othe Pena sete sea collected by the State Government for such purposes and subject in a State Election Commiasion, consisting of a si to such conditions and limits; to be appointed by the Governor et" Site Election Commissioner, J (©) provide for making such grants-in-and to the Panchayats from the Subject to the provisions of any law made Consolidated Rand of the State; ond conditions of veri and tenure of eles ofthe Stas Beeor (4) provide for constitution of such Funds for crediting all moneys shall be determined by the Governor by rules. received, respectively, by-or on behalf of the Panchayats and elso for the withdrawal of such moneys therefrom. ture, the However, the State Election Commissioner shall not be removed from * his office except in like manner and on the like grounds as a Judge of the i FINANCE COMMISSION (Article 243-1) High Court and the conditions of bis service shall not be varied to his Article 243-1 provides for the constitution; within one yea: from the aed pare commencement of 78rd Amendment Act, 1992 and thereafter at the The Governor shall, when so requested by tho State Election ‘expiration of every fifth year, a Finance Commis to review the financial =} Commi lable to the Commission such staff as may be ‘of the Panchayats and to make recommendations to the Governcr 3 necessary for tho discharge of the functions conferred on the Commission by Clause (1)2* Subject to a law mad of the State Election Commission, in respect of conduct less than that of Eivetion Commission of India. The SEC same status as that of ECL™* Subject to the provisions of the Constitution, the State Legislature ma by law, make provisions with respect to 7m with, elections to the Panchayats.” the principles which should govern— (> the distribution between the State and the Panchoyats of ts ‘net proceeds of the taxes, daties, tolls and foes loviale by inay be’ divided between thom under thie cation between the Panchayats at all levels Shares of auch proceeds; Gi the determination of the taxce, duties, tals and fees whict: ‘may be assigned to, or appropriated the grantein-aid to the Pancha Fund ot the Stato; ©) the measures needed to improve the nancial position of the Panchayats, (any other matter referred to the Commission by the Governor in the interests of sound finance of the Panchayats. ature may by Taw provide for the composition of the mn the qualifications of we members and the manne? in Seca di ind ball he h "The Commission shall dotermine their procedure and shall have such mn tho performance of their functions as the Legislature of the Stat Teun confer thes The Governor sh Commission, togethes taken thereon, fo 0 jon of Part IX to Union Territories (Article 243-L) a ry recommendation made by the ‘tory memorandum es to the actior Lagistature of the State.** Tamar» Municipal Corpn. of Ahmedabad, AIR 2007 SC 269 fof Avice 242.