Political Science Notes
Political Science Notes
Article 40 states that the Indian States shall take steps for organising village panchayats with the endowment to have the power and authority to function
as a unit of self-government.
It says that the panchayat should have powers for functioning as self-government, which is necessary for the growth of the villages. The 73rd and 74th
amendments of the constitutions describe Panchayati Raj and municipal corporation, respectively. The aim of the Directive Principles of the state is to
create social and economic conditions for the citizens so that they can lead a good life. The main aim of them is to establish the social and democratic
welfare of the state.
Articles 40 is an essential article as it focuses on the backward areas of our nation. Mainly the villages and neglected. Children in villages are being forced
to work after the age of 7. This article ensures that the children go to school and get an education. They are also given midday meals so that they are
attracted to schools.
Women are forced to do physical labour even if they are pregnant. Panchayat will help resolve these problems because people in villages cannot reach
courts and higher authorities of government because they lack confidence. Panchayats function as a unit of self-government and bring their problems to
the state machinery. In villages still, there are many family issues for which women have to suffer domestic violence. They can take their problems to the
panchayat.
A landmark case, Sarabheshwara Vidya Peetha vs the State Of Karnataka on 20 July 1988, talks about whether minorities should get education from the
educational institute of their choice.
• The Act added Part IX to the Constitution, “The Panchayats” and also added the Eleventh Schedule which consists of the 29 functional items of the
panchayats.
• Part IX of the Constitution contains Article 243 to Article 243 O.
• The Amendment Act provides shape to Article 40 of the Constitution, (directive principles of state policy), which directs the state to organise the
village panchayats and provide them powers and authority so that they can function as self-government.
• With the Act, Panchayati Raj systems come under the purview of the justiciable part of the Constitution and mandates states to adopt the system.
Further, the election process in the Panchayati Raj institutions will be held independent of the state government’s will.
• The Act has two parts: compulsory and voluntary. Compulsory provisions must be added to state laws, which includes the creation of the new
Panchayati Raj systems. Voluntary provisions, on the other hand, is the discretion of the state government.
• The Act is a very significant step in creating democratic institutions at the grassroots level in the country. The Act has transformed the
representative democracy into participatory democracy.
Salient Features of the Act
1. Gram Sabha: Gram Sabha is the primary body of the Panchayati Raj system. It is a village assembly consisting of all the registered voters within the
area of the panchayat. It will exercise powers and perform such functions as determined by the state legislature. Candidates can refer to the
functions of gram panchayat and gram panchayat work, on the government official website – https://grammanchitra.gov.in/.
2. Three-tier system: The Act provides for the establishment of the three-tier system of Panchayati Raj in the states (village, intermediate and district
level). States with a population of less than 20 lakhs may not constitute the intermediate level.
3. Election of members and chairperson: The members to all the levels of the Panchayati Raj are elected directly and the chairpersons to the
intermediate and the district level are elected indirectly from the elected members and at the village level the Chairperson is elected as determined
by the state government.
4. The Chairperson of a Panchayat and other members of a Panchayat, whether or not elected directly from territorial constituencies in the Panchayat
area, have the right to vote in Panchayat meetings.
5. Reservation of seats:
○ For SC and ST: Reservation to be provided at all the three tiers in accordance with their population percentage.
○ For women: Not less than one-third of the total number of seats to be reserved for women, further not less than one-third of the total number
of offices for chairperson at all levels of the panchayat to be reserved for women.
○ The state legislatures are also given the provision to decide on the reservation of seats in any level of panchayat or office of chairperson in
favour of backward classes.
6. Duration of Panchayat: The Act provides for a five-year term of office to all the levels of the panchayat. However, the panchayat can be dissolved
before the completion of its term. But fresh elections to constitute the new panchayat shall be completed –
○ before the expiry of its five-year duration.
○ in case of dissolution, before the expiry of a period of six months from the date of its dissolution.
7. Disqualification: A person shall be disqualified for being chosen as or for being a member of panchayat if he is so disqualified –
○ Under any law for the time being in force for the purpose of elections to the legislature of the state concerned.
○ Under any law made by the state legislature. However, no person shall be disqualified on the ground that he is less than 25 years of age if he
has attained the age of 21 years.
The 74th Amendment Act of 1992 provides a basic framework of decentralisation of powers and authorities to the Municipal bodies at different
levels. However, responsibility for giving it a practical shape rests with the States.
The term ‘Urban Local Government’ in India signifies the governance of an urban area by the people through their elected representatives. The
jurisdiction of an urban local government is limited to a specific urban area, which is demarcated for this purpose by the state government.
Introduction
• The 74th Amendment Act has added a new Part IX-A to the Constitution of India.
• This part is entitled as ‘The Municipalities’ and consists of provisions from Articles 243-P to 243-ZG.
• Additionally, the act also added a new Twelfth Schedule to the Constitution. This schedule contains 18 functional items of municipalities.
• The Act has brought Municipalities under the purview of the justiciable part of the Constitution.
• In other words, state governments are under constitutional obligation to adopt the new system of municipalities in accordance with the provisions
of the act [Article 243 Q].
• The act aims at revitalising and strengthening the urban governments so that they function effectively as units of local government.
Historical Background
• In 1989, the Rajiv Gandhi government introduced the 65th Constitutional Amendment Bill (Nagarpalika bill) in the Lok Sabha. The bill aimed at
strengthening and revamping the municipal bodies by conferring constitutional status on them.
• Although the bill was passed in the Lok Sabha, it was defeated in the Rajya Sabha in October 1989 and, hence, lapsed.
• The National Front Government under V P Singh introduced the revised Nagarpalika Bill in the Lok Sabha again in September 1990. However, the bill
was not passed and finally lapsed due to the dissolution of the Lok Sabha.
• P V Narasimha Rao’s Government also introduced the modified Municipalities Bill in the Lok Sabha in September 1991. It finally emerged as the 74th
Constitutional Amendment Act of 1992 and came into force on 1 June 1993.
Significance
Constitution of Municipalities
The Act provides for the constitution of 3 types of municipalities, depending upon the size and area in every state.
1. Nagar Panchayat (for an area in transition from rural to the urban area);
2. Municipal Council for the smaller urban area; and
3. Municipal Corporation for a larger urban area.
Composition of Municipalities
• The seats shall be filled by direct elections. For this purpose, each municipal area shall be divided into territorial constituencies to be known
as wards.
• The state legislature may provide the manner of election of the chairperson of a municipality.
• It may also provide for the representation of the following persons in a municipality.
○ Persons having special knowledge and experience in municipal administration without the right to vote in the meetings of the municipality.
○ The members of the Lok Sabha and the state legislative assembly representing constituencies that comprise wholly or partly th e municipal
area.
○ The members of the Rajya Sabha and the State Legislative Council registered as electors within the municipal area.
○ The chairpersons of committees (other than ward committees).
Reservation of seats
• The Act provides for the reservation of seats for the scheduled castes and the scheduled tribes in every municipality in the proportion of their
population to the total population in the municipal area.
• Further, it provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for
women belonging to the SCs and the STs).
• The state legislature may provide for the manner of reservation of offices of chairpersons in the municipalities for SCs, STs and women.
• It may also make any provision for the reservation of seats in any Municipality or offices of chairpersons in municipalities in favour of backward
classes.
Duration of Municipalities
• The municipality has a fixed term of 5 years from the date appointed for its first meeting.
• Elections to constitute a municipality are required to be completed before the expiration of the duration of the municipality.
• If the municipality is dissolved before the expiry of 5 years, the elections for constituting a new municipality are required to be completed within a
period of 6 months from the date of its dissolution.
Finances of Municipalities
It has been left to the Legislature of a State to specify by law matters relating to imposition of taxes. Such law may specify:
• Taxes, duties, fees, etc. which could be levied and collected by the Municipalities, as per the procedure to be laid down in the State law.
• Taxes, duties, fees, etc. which would be levied and collected by the State Government and a share passed on to the Municipalities.
• Grant-in-aid that would be given to the Municipalities from the State.
• Constitution of funds for crediting and withdrawal of money by the Municipality.
Finance Commission
• The distribution between the State Government and Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State.
• Allocation of share of such proceeds between the Municipalities at all levels in the State.
• Determination of taxes, duties, tolls and fees to be assigned or appropriated by the Municipalities.
• Grants-in-aid to Municipalities from the Consolidated Fund of the State.
• Measures needed to improve the financial position of the Municipalities.
The governor shall place the recommendations of the commission along with the action taken report before the state legislature.
Elections to Municipalities
The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to the panchayats and
municipalities shall be vested in the State Election Commissions.
The maintenance of the accounts of the municipalities and other audits shall be done in accordance with the provisions in the State law. The State
Legislatures will be free to make appropriate provisions in this regard, depending upon the local needs and institutional framework available for this
purpose.
Every metropolitan area shall have a metropolitan planning committee to prepare a draft development plan.
The following eight types of urban local bodies are created in India for the administration of urban areas:
1. Municipal corporation
2. Municipality
3. Notified Area Committee
4. Town Area Committee
5. Cantonment Board
6. Township
7. Port Trust
8. Special Purpose Agency
Municipal Personnel
There are three types of municipal personnel systems in India. The personnel working in the urban governments may belong to any one or all three types.
These are:
Municipal Revenue
There are five sources of income of the urban local bodies. These are as follows:
1. Tax Revenue
2. Non-Tax Revenue
3. Grants
4. Devolution
5. Loans
From <https://byjus.com/free-ias-prep/municipalities-74-amendment-act-1992/>
Economic Factors
30% of India’s population is below the poverty line, out of which 70% are women. The economic separation can play a major role in creating gender issues in
India.
1. Labor participation: A significant number of women enter the labour force after their thirties, typically after they have completed their reproductive roles of
childbearing and rearing.
2. Employment inequality: Gender-based imbalances of individuals in power and command over the organization’s management are examples of common
workplace inequalities. Women are less likely than men to advance to higher-paying positions.
3. Access to credit: Due to low levels of property ownership, women frequently lack collateral for bank loans and micro-credit schemes have come under
scrutiny for coercive lending practises.
4. Property Rights: Although women have equal rights under the law to own property and receive equal inheritance rights, yet in practice, women are at a
disadvantage.
Cultural Factors
1. Son preference: Boys are given the sole right to inherit the family name and property, and they are viewed as assets for their family while girls are
considered a liability. Sons are supposed to support the old age security of their parents, and hence are more supported and preferred over the daughters,
thereby leading to gender issues in India.
2. Role of sons in religious rituals: Any major religious practices can only be carried out by a man. Sons are frequently the only people who have the right to
perform funeral rites for their parents or any other rituals related to their parents’ afterlife.
3. Patrilineality system: Individual and family membership in this type of kinship system derives through his or her father’s lineage. Examples: inheritance of
property, names, or titles of a person is related to his//her male kin.
4. Gender issues in curriculum in India: In various types of curriculum, female and male students are not treated equally. It is commonly assumed that boys
are better at physical exercise than girls, and that girls are better at ‘home’ activities such as sewing and cooking.
Social Factors
1. Patriarchal Society: It is a custom in which inheritance is passed down from father to son, women move in with the husband and his family after marriage,
and marriages include a bride price or dowry.
2. Social Customs: The traditional patrilineal joint family system limits women’s roles primarily to the domestic sphere, assigning them a subordinate status,
authority, and power in comparison to men.
3. Education: According to the census of India 2011, the literacy rate of females is 65.46% compared to males which are 82.14%.Because of gender issues in
education in India, poverty and a lack of education, countless women are forced to work in low-wage domestic service, organised prostitution, or as migrant
labourers.
4. Gender-based violence: Gender-based issues against women includes rape, sexual assault, insult to modesty, kidnapping, abduction, cruelty by intimate
partner or relatives, importation or trafficking of girls, persecution for dowry, indecency, and all other crimes.
5. Dowry: Another institution that weakens women’s positions is the dowry system, which involves cash or in-kind payments from the bride’s family to the
groom’s family at the time of marriage.
6. Inequalities in Agriculture: We also see gender issues in India in terms of agriculture. Women are less likely than men to have statutory land rights, and
when they do, their plots are often small.
7. Social Altitude: Perhaps a viable cause of gender disparity is the social stigma that women are housekeepers and should be confined to the four walls of the
house. They should not speak out about their fortune for the sake of the family’s reputation.
8. Lack of Awareness: Majority of women in India are unaware of their fundamental rights and abilities. Because of their ignorance and unawareness, they
accept all types of discrimination that exist in our family and society.
What are the Indian Initiatives to reduce Gender Gap in Social, Economic and Political Life?
• Economic Participation and Health and Survival:
• Beti Bachao Beti Padhao: It ensures the protection, survival and education of the girl child.
• Mahila Shakti Kendra: Aims to empower rural women with opportunities for skill development and employment.
• Rashtriya Mahila Kosh: It is an apex micro-finance organization that provides micro-credit at concessional terms to
poor women for various livelihood and income generating activities.
• Sukanya Samriddhi Yojna: Under this scheme girls have been economically empowered by opening their bank
accounts.
• Female Entrepreneurship: To promote female entrepreneurship, the Government has initiated Programmes like
Stand-Up India and Mahila e-Haat (online marketing platform to support women entrepreneurs/ SHGs/NGOs),
Entrepreneurship and Skill Development Programme (ESSDP).
From <https://testbook.com/ias-preparation/gender-issues-in-india>
From <https://www.drishtiias.com/daily-updates/daily-news-analysis/gender-parity-and-women-s-empowerment-gap>
Some of the Government measures to address this section of society are mentioned below.
It is a financial inclusion program of the Government of India open to Indian citizens (minors of age 10 and older can also open an account
with a guardian to manage it), that aims to expand affordable access to financial services such as bank accounts, remittances, credit,
insurance and pensions. This financial inclusion campaign was launched on 28 August 2014. Under this scheme, 15 million bank accounts
were opened on inauguration day.
For a better understanding of Pradhan Mantri Jan Dhan Yojana (PMJDY), visit the given link.
Any Indian Citizen who has a business plan for a non-farm sector income generating activity such as manufacturing, processing, trading or
service sector and whose credit need is less than Rs 10 lakh can approach either a Bank, MFI, or NBFC for availing of Micro Units
Development & Refinance Agency Ltd. (MUDRA) loans under Pradhan Mantri Mudra Yojana (PMMY).
For UPSC preparation, visit the given link on Pradhan Mantri Mudra Yojana.
Skill India Mission was launched by Prime Minister Narendra Modi on 15 July 2015 to train over 40 crore people in India in different skills by
2022. It is managed by the National Skills Development Corporation of India. United Kingdom (U.K), Japan, Oracle have collaborated with
India for Skill India Programme. One of the prominent initiatives under it is Pradhan Mantri Kaushal Vikas Yojana (PMKVY).
The aim of the PMKVY scheme is to encourage aptitude towards employable skills and to increase the working efficiency of probable and
existing daily wage earners, by giving monetary awards and rewards and by providing quality training to them. The scheme has a target to
train 1 crore Indian youth from 2016-20.
Learn more about the objectives, features, and sub-schemes of Skill India Mission in the given link.
To meet its goal of educational empowerment of the SC population, a large portion of the budget of the Department of Social Justice and
Empowerment is directed to scholarships and there has been considerable success in its distribution within the target group. Post-Matric
Scholarship (PMS – SC) for SC students has been in operation since 1944 and is the single largest intervention by the Government of India
for the educational empowerment of scheduled caste students. It covers approximately 55 lakh students per year, studying at the post
matriculation or post-secondary stage, right up to PhD. It has had positive outcomes on literacy levels of the target groups, on dropout rates
participation in higher education, and finally in the achievement of excellence and building human capital for the service of the nation. Other
scholarship schemes for SC students are the Pre-Matric Scholarship, Top Class Education Scheme for studying in premier educational
institutions and the National Fellowship Scheme run in conjunction with UGC.
It focuses on the integrated development of SC majority villages. The programme is being taken up in villages that have more than 50% SC
population.
It is a government-backed pension scheme in India, primarily targeted at the unorganised sector. All subscribing workers below the age of 40
are eligible for a pension of up to ₹5,000 per month on the attainment of 60 years of age.
It is a scheme for providing Physical Aids and Assisted-living Devices for Senior citizens belonging to the BPL category. This is a Scheme,
This is a pension scheme for senior citizens. This is to enable old age income security and the welfare of Senior Citizens.