Panchayati Raj Institution (PRI) is a system of rural local self-
government in India.
Local Self Government is the management of local affairs by such
local bodies who have been elected by the local people.
PRI was constitutionalized through the 73rd Constitutional
Amendment Act, 1992 to build democracy at the grass roots level
and was entrusted with the task of rural development in the
country.
Panchayati Raj Institutions (PRIs) aim to enhance local governance and
empower rural communities in India. Their objectives include:
To Decentralize Power – Transfer decision-making authority to
the grassroots level to promote local self-governance.
To Encourage Inclusive Participation – Foster engagement of
local populations in governance, ensuring their active involvement
in decision-making processes.
To Empower Marginalized Groups – Ensure political
representation of Scheduled Castes, Scheduled Tribes, and
women by reserving seats for them in local governance.
To Improve Service Delivery – Enhance the efficiency and
effectiveness of public service delivery and development programs
by making governance more accessible.
To Promote Economic Development – Facilitate local economic
growth through community-driven planning and implementation of
development initiatives.
To Address Social Justice – Tailor welfare schemes and
development projects to meet the specific needs of local
communities, promoting equity.
To Enhance Transparency and Accountability – Increase
transparency and accountability in governance by involving local
communities in oversight of public works and services.
To Nurture Local Leadership – Develop local leaders by
empowering them with administrative and managerial roles in
governance.
To Mobilize Community Resources – Encourage the collective
use of community resources for development, fostering self-
reliance.
To Strengthen Grassroots Democracy – Transform
representative democracy into a more participatory form, aligning
governance with the aspirations of the local populace.
Constitutional Provisions Regarding PRIs
The original constitution contained a Directive Principle of State Policy
(DPSP) in the form of Article 40, which directs the State to ‘organize
village panchayats and endow them necessary powers and authorities.
Later, the 73rd Constitutional Amendment Act, 1992, which gave the
constitutional status to the PRIs, added detailed constitutional provisions
regarding the PRIs. The same is discussed in detail in the sections that
follow:
Part IX of Constitution
The 73rd Constitutional Amendment Act of 1992 added a
new Part IX to the Constitution of India, entitled ‘The Panchayats’
Part IX of the Constitution consists of Articles 243 to 243-0, which
provides for various provisions regarding the Panchayati Raj
Institutions (PRIs).
Eleventh Schedule (11th Schedule) to Constitution
The 73rd Constitutional Amendment Act of 1992 has also
added a new Eleventh Schedule (11th Schedule) to the Indian
Constitution.
This Eleventh Schedule (11th Schedule) outlines the powers,
authority, and responsibilities of Panchayats.
It contains a comprehensive list of 29 functions that have been
devolved to Panchayats to enable them to govern and manage a
variety of local issues effectively.
EVOLUTION
evolution of the Panchayati Raj Institutions (PRIs) in India goes
back to the year 1957.
From time to time, various Committees were appointed on the
subject, which gave their own recommendations.
The first such committee was the Balwantrai Mehta
Committee, appointed by the Government of India in 1957.
Based on the recommendations of the Balwantrai Mehta
Committee, most of the states in India established PRIs by the
mid-1960s.
o Rajasthan was the first state in India to establish PRIs in
the year 1959.
o Andhra Pradesh was the second state in India to
establish PRIs in the same year 1959.
However, the PRIs so established by different states did not have
a uniform structure.
Finally, the 73rd Constitutional Amendment Act, 1992 was
passed by the Parliament, which gave the PRIs the
constitutional status as well as a uniformity of structure
throughout the country.
o This brought the states under constitutional obligation to
adopt the new panchayati raj systems in accordance with
and as per the structure provided by the provisions of the
Act.
Gram Sabha
The 73rd Constitutional Amendment Act of 1992 provides for
a Gram Sabha as the foundation of the Panchayati Raj
system.
The Gram Sabha is a body consisting of persons registered in
the electoral rolls of a village within the area of Panchayat at the
village level.
o Thus, it is a Village Assembly consisting of all the
registered voters in the area of a Panchayat.
It may exercise such powers and perform such functions at the
village level as the Legislature of a State determines.
Structure of Panchayati Raj Institutions (PRIs)
The 73rd Constitutional Amendment Act of 1992 provides for
a three-tier system of Panchayati Raj in every State,
consisting of the following:
o Panchayats at the village level,
o Panchayats at the intermediate level, and
o Panchayats at the district levels.
However, as per the provisions of the act, a State having a
population not exceeding 20 lakh may not constitute Panchayats at
the intermediate level.
Composition of Panchayati Raj Institutions (PRIs)
Panchayats at every level consist of a Chairperson and other
members.
The Chairperson as well as other members of a Panchayat shall
have the right to vote in the meetings of the Panchayats.
Election of Chairperson and Members of Panchayats
All the members of Panchayats at the village, intermediate and
district levels shall be elected directly by the people.
The Chairperson of a Panchayat at the village level shall be
elected in such manner as determined by the State Legislature.
The Chairperson of Panchayats at the intermediate and district
levels shall be elected indirectly by and from amongst the
elected members thereof.
Note:
– As per Article 243F, the minimum age for contesting Panchayat
elections in India is 21 years.
– The State Legislature may make provisions with respect to all
matters relating to elections to the Panchayats.
Duration of Panchayats
The 73rd Constitutional Amendment Act of 1992 provides for
a five-year term of office to the Panchayat at every level from
the date of its first meeting.
o However, it can be dissolved before the completion of its
term.
Fresh elections to constitute a Panchayat shall be completed:
o before the expiry of its duration of five years,
o in case of dissolution, before the expiry of a period of six
months from the date of its dissolution.
It is to be noted that, where the remainder of the period (for
which the dissolved Panchayat would have continued) is less than
six months, it shall not be necessary to hold any election for
constituting the new Panchayat for such a period.
Moreover, a Panchayat constituted upon the dissolution of a
Panchayat before the expiration of its duration shall continue only
for the remainder of the period for which the dissolved
Panchayat would have continued had it not been so dissolved.
o In other words, a Panchayat reconstituted after premature
dissolution does not enjoy the full period of five years but
remains in office only for the remainder of the period.
Reservation of Seats in Panchayats
Reservation of Seats for SCs and STs
The 73rd Constitutional Amendment Act of 1992 provides for
the reservation of seats for Scheduled Castes and Scheduled
Tribes in every Panchayat (i.e. at all village, intermediate, and
district levels) in the proportion of their population to the total
population in the Panchayat area.
The State Legislature shall provide for the reservation of offices
of the Chairperson in the Panchayat at the village or any other
level for the Scheduled Castes (SCs) and Scheduled Tribes
(STs).
The reservation of seats as well as the reservation of offices of
Chairpersons in the Panchayats for the Scheduled Castes and
Scheduled Tribes, will cease to have effect after the expiration of
the period specified in Article 334.
o Presently, this reservation is to last till 2030.
Note: The provision relating to the reservation of seats in
Panchayats (both Chairpersons and Members) for the Scheduled
Castes is not applicable to the State of Arunachal Pradesh. This
provision was added later by the 83rd Constitutional Amendment
Act of 2000 on the rationale that the State is inhabited fully by
indigenous tribal people and there are no Scheduled Castes (SCs).
Reservation of Seats for Women
The Act 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 Scheduled Castes and
Scheduled Tribes).
Further, not less than one-third of the total number of offices
of chairpersons in the Panchayats at each level shall be
reserved for women.
Reservation of Seats for Other Backward Classes (OBCs)
The Act authorizes the State Legislature to make any provision
for the reservation of seats in any Panchayat or offices of
Chairperson in the Panchayat at any level in favor of Backward
Classes.
Disqualifications of Members of Panchayats
A person shall be disqualified for being chosen as or for being a
member of Panchayat if he/she is so disqualified:
o under any law for the time being in force (or the purpose of
elections to the Legislature of the State concerned), or
o under any law made by the State Legislature.
All questions of disqualification shall be referred to such
authority as determined by the State Legislature.
Powers and Functions of Panchayats
The State Legislature may endow the Panchayats with such
powers and authority as may be necessary to enable them to
function as institutions of self-government.
State’s provisions for the devolution of powers and
responsibilities upon Panchayats at the appropriate level may
contain:
o the preparation of plans for economic development and
social justice,
o the implementation of schemes for economic development
and social justice as may be entrusted to them, including
those in relation to the 29 matters listed in the Eleventh
Schedule of the Indian Constitution.
Finances of Panchayats
As per the provisions regarding the finances of Panchayats, the State
Legislature may:
authorize a Panchayat to levy, collect and appropriate taxes,
duties, tolls and fees,
assign to a panchayat taxes, duties, tolls and fees levied and
collected by the State Government,
provide for making grants-in-aid to the Panchayats from
the Consolidated Fund of the State, and
provide for the constitution of funds for crediting all money of the
Panchayats.
Features of the 73rd Constitutional Amendment Act 1992
The salient features of the 73rd Constitutional Amendment Act of 1992
are as follows:
Gram Sabha – The Act provides for a Gram Sabha as the
foundation of the Panchayati Raj system.
Three-tier System – The Act provides for a three-tier system of
Panchayati Raj in every State.
Election of Chairperson and Members – The Act provides
detailed provisions regarding the election of Chairperson and
Members of Panchayats at every level.
Reservation of Seats – The Act makes provisions for
the reservation of seats for Scheduled Castes, Scheduled
Tribes, Women, and OBCs in every Panchayat.
Duration of Panchayats – The Act provides for a five-year term
of office to the Panchayat at every level from the date of its first
meeting.
Disqualifications of Members of Panchayats – It details
conditions regarding disqualifications of members of panchayats.
Powers and Functions – The State Legislature may endow the
Panchayats with such powers and authority as may be necessary
to enable them to function as institutions of self-government.
Finances of Panchayats – The State Legislature may authorize a
Panchayat to levy, collect, and appropriate taxes, duties, tolls,
and fees.
Audit of Accounts – The State Legislature may make provisions
with respect to the maintenance of accounts by the Panchayats
and the auditing of such accounts.
Application to Union Territories – The provisions of the
Panchayats are applicable to the Union Territories. But, the
President may direct that they would apply to a Union Territory
subject to such exceptions and modifications as he/she may
specify.
Exempted States and Areas – The Act does not apply to the
States of Nagaland, Meghalaya, Mizoram, and certain other areas.
However, the Parliament may extend the provisions of this Part IX
to the Scheduled Areas and Tribal Areas subject to such
exceptions and modifications as it may specify.
Bar to Interference by Courts in Electoral Matters – The Act
bars the interference by courts in the electoral matters of
Panchayats.
o It declares that the validity of any law relating to the
delimitation of constituencies or the allotment of seats to
such constituencies can not be questioned in any court.
o It further lays down that no election to any Panchayat is to be
questioned except by an election petition presented to such
authority and in such manner as provided by the State
Legislature.
Compulsory and Voluntary Provisions – The provisions of the
Act can be grouped into 2 categories:
o Compulsory Provisions – Compulsory provisions, also
called obligatory or mandatory provisions, are those that
must be included in State laws necessarily.
Key compulsory provisions include the constitution of
panchayats at all three levels, direct elections to all
seats in panchayats, 21 years to be the minimum age
for contesting elections, the organization of Gram
Sabha, the reservation of seats for SCs, STs, and
women, etc.
Voluntary Provisions – Voluntary provisions, also called
discretionary or optional provisions, are those that may be adopted
by States at their discretion based on their specific needs, local
conditions, and administrative feasibility.
o Key voluntary provisions include the devolution of additional
powers and responsibilities upon Panchayats, greater
financial autonomy to Panchayats, giving representation to
MPs, and MLAs in different levels of Panchayats in their
constituencies, etc.
