C
Panchaya t and Muncipali ties
SS
R
A
RM
PA
Evolution of Panchayati Raj
Local Self Government
Balwant Rai Mehta Committee, 1957
-
Art 40: DPSP (non-justiciable)
: I
Recommendation:
Panchayat Formation3-tier Panchayati Raj System
Committees ↓
first State to follow Panchayat Raj:
-
* Balwant Rai Mehta Committee, 1957 nd
Rajasthan 1st establish Panchayati RajRajasthan, Nagaur on 2 Oct 1959
C
-
At Nagaur, on 32 tier
Recommendation:
-
Octsystem
1959=
and Andhra Pradesh-
11 Oct 1959 ↓
XCommittee,
Ashok Mehta ↓ 1977-
SS
But this wasn’t at first
Village
Proposed: Intermediate Raj System
2-tier Panchayati District
-
G.v.K Rao Committee, 1985 Now, justiciable by 73rd CA
/
Ashok
-
Mehtathe
Reviewed Committee,
working1977
of Constitution in relation to the working of the
Panchayats and Municipalities
Recommendation: 2 tier system -
-
-
Greater emphasis on Gram Sabha
-
R
No need of intermediate level
1
L M Singhvi Committee, 1986
Recommendations: The Panchayati Raj institutions should be
L M Singhvi Committee, 1986 protected, and preserved
A
/
e
constitutionally, recognised,
On revitalisation of Panchayati Raj system
I
Thungon Committee, 1988
RM
th
National Voters Day: 25 Jan
~ GadgilCommittee
Thungon
-
Committee, 1988
/
Gadgil Committee
-
73rd Amendment Act, 1992
Part IX A added
- ECI establishment
Constitutional Amendment 74rd CA: Urban Local Government
-
L
2)
rad
73 CA: 1992 (11 schedule)
th
(12 schedule) - Art 243P-243ZG
PA
+
↓
Introduced
Enforced: 24through: 73rd Amendment
April 1993 29 subjects Act, 1992
↓
-
Part IX, Article: 243-243O
↓ 29th Fundamental functions
↑
18 subjects
Schedule:Panchayati
11th
-
Raj Diwas, 2010 Municipalities (Nagar Palika)
24th April 1993: Enforced
Then PM: P. V. Narasimha Rao
24th April 2010: Panchayati Raj Diwas
Part IX added PM: PV Narasimha Rao
C
· ↓
Definitions
(a) District: A district in a state
SS
(b) Gram Sabha: A body consisting of persons registered in the electoral rolls within the area of
Panchayat at village level
(c) Intermediate level: Level between village and district levels specified by Governor
(d)Defines “Gram
Panchayat: Sabha” ·
Any institution and
which
of people
means the people
self-government constituted under Art 243B, for rural areas
(e) registered in electoral
Panchayat Area: rollsarea of Panchayat
The territorial
(f) Population: Population as ascertained at last preceding Census
(g) Village: A village specified by the Governor
R
A
↓
RM
Power and functions determined by
State Legisture
PA
· Constitution of Panchayat
-> Implementation of 3-tier
Panchayati Raj System
(1) Constitution of 3-tier Panchayati Raj system
(2) Panchayats at intermediate level not to be constituted in a state having a
population not exceeding 20 lakhs
3 tier Intermediate level
Village Level Block Level District Level
C
SS
I Intermediate level
Gram Panchayat Panchayat Samiti Zila Parishad
Gram Gram ↓ R
Nyaya
This 3-tier system is not mandatory in every
Sabha Panchayat Panchayat
A
state i.e. population <20 lakhs
-
will run on 2- --
↓
tier system
-
↓
RM
<2 million
Intermediate wala nahi rahega
ex: Sikkim
-
e
PA
Village Level -
->
Direct and Indirect
-
election, determined by
State Legisture
·
Chairman
At
e
District level
District and
Intermediate
Village level
Elected through indirect elections
level Intermediary level
Elected through direct/indirect elections
Saari seats direct election se bharengi
except chairman seats: Indirect
election
C
#
↓
SS
Reservation on chairperson level
->
(1) Reservation of seats:-
(a) Scheduled Caste In proportion of their population
Seats Reservation
..
(b) Scheduled Tribes
Scheduled Tribes
: Population ke proportion main
Scheduled Caste
R
reservation
A
RM
↓
- Reservation on chairperson level
(2) Not less than 1/3rd of the total number of seats shall be
PA
reserved for woman Reservation on 1/3rd of seats of Panchayati
·
Raj institutions
Seatsand 1/3rd offices of Chairperson at all level
Reservation
↑ Women - -
1/3rd everywhere
C
·
↓
(1) Duration of Panchayats: A 5-year term, unless dissolved earlier by applicable laws
SS
(3) Election Timeline
(a) Before the end of its 5-year term
(b) Dissolution: if Panchayat is dissolved before its term ends, election must be held within 6
months ofDuration:
-
5 yrs
dissolution date (if remaining term is less than 6 months Election not mandatory)
(4) Term of reconstitution: Panchayat formed after early dissolution will serve only for the
remainder of original term
ex:
--
1 Jan 2020 -
1 Jan 2025 R
I
20 Nov 2024 Less than 6 months Election not mandatory
A
-
:i --
. .
(Dissolution)
RM
-
1 Jan 2024 ' More than 6 months --
Election mandatory
(Dissolution)
↓
*I
Dissolving power:-
Zilla Parishad
Zila Parishad
Dr
Zilla
New Panchayat formed: will serve
a Parishad
remainder of the term
State govt. can dissolve
PA
↓
Disqualification provisions
C
SS
↓
Law made by State Legislature can cause
disqualification
I Min age: 21 yrs (cannot be disqualified if he
-
is <25 yrs) R
A
RM
*
High Court: Election disputes of MP/
MLAs
State Legislature
PA
I
↓
Has all powers of
Panchayat
Disqualification is decided by such authority as determined by State Legislature
-
Election: State Election Commission
C
↓
·
SS
State legislature give powers and responsibilities to Panchayat to manage their own affairs. This
includes:-
(a) Creating
State developmentpower
Legislature plans for
de economic
sakta haigrowth and social ko
Panchayat welfare of their communities
(b) Running government schemes to implement programs related to areas like agriculture, education,
to function
housing, as a as
water supply, Self-government
listed in 11th Schedule of the Constitution
R
A
↓
·
State legislature can authorise the Panchayat:-
To levy, collect and appropriate taxes, duties, tolls, and fees, grants-in-aid and establishment of
RM
funds for Panchayat to deposit and withdraw money, ensuring proper financial management
Panchayat ko power dena to add
tax, funds
PA
↓
·
State Finance Comm. removal
- -
Proved misbehaviour
Constitution of Finance Commission . Incapacity
-> Under 73 CA,1992
rd
Establishment by: Governor
- N
(Not binding) Every 5 yrs -
-
The State Legislature ensures financial transparency and accountability of
Panchayats by requiring them to maintain proper accounts and have them audited
C
regularly
SS
·
I(1) All elections of Panchayats conducted by: State Election Commission
The State Election Commissioner Appointed by the Governor
(2) The condition of service and tenure of office of State Election Commission 2 determined
by Governor e
Elections: Conducted
-
R
by State Election Commission
State Legislature
·
A
Appointment: Governor
-
Removal: Same as a judge of HC
-
RM
& Provisions of Part IX of the Constitution which deals with the Panchayats, shall apply to
UTs with certain modification and exceptions
·
PA
PESA Act, 1996
↓
Panchayat Extension to scheduled
areas
↓
·
(1) Art 243M exclude certain areas, like tribal regions, and some
North-Eastern states, from the Panchayat system to respect
ex: North-East areas
(2) Nothing in this Part shall apply to:-
-
their unique governance traditions, and local customs. However,
Scheduled areas main apply nahi
provisions can be extended to these areas with necessary (a) Nagaland, Meghalaya, Mizoram
-
honge,
modification only
through possible
specific laws with certain (Panchayati Raj system do not exists)
modifications
(b)Also,
W Hill areas
in all of
UTsManipur
except (District
in Delhi Councils
where
** Delhi is the only UT where provisions of the exists here)
it does not exists
Panchayats are not applicable
Art 243N ensures a smooth transition to the new Panchayati Raj system by allowing old
&
C
laws to remain temporarily valid, while the State makes necessary changes to comply with
updated constitutional framework
SS
·
↓
(a) Courts cannot interfere with the process of defining Panchayat constituencies, or
assigning seats
(b) Panchayat elections cannot be challenged casually; they can only be disputed through
Electoral matters
properly legal
TRICK
main
procedure aftercourts
R
interfere nahi kar sakte
the elections
A
-
-
Direct
Assembly
RM
I I
Kaise banegi Panchayat?
Indirect
I
Composition
I
-
I I
I
Dalit Reservation
Duration 5 yrs (letter E: 5)
⑰
9 D
I
Fail Disqualification B
I
Goli khate power, responsibility
I
House tax
I
Income Finance Comm.
-
PA
D
I
I
Lieutenant Governor in UTs
N
Modifications
PESA (Panchayats (Extension to Scheduled Areas)) Act 1996
Provisions of Part IX relating to Panchayat are not applicable to the 5th Scheduled Areas
:
Parliament may extend these provisions to such areas subject to certain modifications
BHURIA COMMITTEE RECOMMENDATIONS
-
It conferred absolute powers to Gram Sabha to ensure tribal self rule for people living in scheduled areas
Municipalities (Urban local government)
Introduced through: 74th CA, 1992
:
Part IXA, Art 243P-243ZG
Under: 12th Schedule 18 Functional subjects
First Municipal Corporation was set up in Madras in 1687-88
1870: Lord Mayo presented resolution of financial decentralisation
Ripon’s resolution of 1882: Magna Carta of Local Self Government
He is known as “Father of Local Self Government”
There are 8 types of Urban Local Government:-
Municipal Corporation
I
Municipality
Notified Area Committee
Cantonment Board (Military)
Township
Town Area Committee
Port Trust
Special Purpose Agency
3 Types of Municipalities
Nagar Panchayat: For a Transitional Area
All sears are filled through direct elections
Municipal Council: For a small Urban Area
Elections conducted by: State Election Commission
Municipal Corporation: For a larger Urban Area
