ZILA PARISHAD
The governing structure in India is made up of three tiers – the central government, the state
government, and the local self-government. The local self-government is made up of
democratically elected representatives of the local people.
Two major forms of local self-government exist in India:
1. In the urban areas, that is, in cities and towns, local self-governance is carried out by
municipalities and corporations.
2. In the rural areas, that is, in villages, Zila Parishad, block samitis, and panchayats
carry out the functions of local self-governance. Zila Parishad operate at the district
level and oversee the functioning of Panchayat Samitis (block-level bodies) and Gram
Panchayats (village-level bodies).
Local self-government is a form of democratic governance where the participation of even
the grass root level of society is encouraged and included.
The Zila Panchayat or District Council or Zila Parishad or District Panchayat, is the first tier
of the Panchayati Raj system. Zila Parishad is an elected body. Block Pramukh of Block
Panchayat are also represented in Zila Parishad. The members of the State Legislature and the
members of the Parliament of India are members of the Zila Parishad. Zila Parishad are
Panchayat at Apex or District Level in Panchayat Raj Institutions
The 73rd Amendment Act, 1992 is about Governments' (which are also known as
Panchayati Raj Institutions Panchayat at District (or apex) Level Panchayat at Intermediate
Level Panchayat at Base Level. It added a new Part IX to the constitution titled “The
Panchayats” covering provisions from Article 243 to 243(O); and a new Eleventh Schedule
covering 29 subjects within the functions of the Panchayats. This amendment implements the
article 40 of the DPSP which says that “State shall take steps to organise village panchayats
and endow them with such powers and authority as may be necessary to enable them to
function as units of self-government”
Part IX provides for a 3 tier Panchayat system, which would be constituted in every state at
the village level, intermediate level and district level. This provision brought the uniformity
in the Panchayati Raj structure in India. However, the states which were having population
below 20 Lakh were given an option to not to have the intermediate level.
Article-243C. Composition of Panchayats Election & Term
The Chairperson of Zila Parishad is elected among its own members.
• Composition:
1.Pradhans/Chairmen of the Panchayat Samiti within the district
2. BDOs, MPs, MLAs of that district
3. One representative from each of the cooperative societies of the district Term 5 years.
In the case of dissolution election would be compulsorily held within six months.
ARTICLE-243B. CONSTITUTION OF PANCHAYATS.-
(1) There shall be constituted in every State, Panchayat at the village, intermediate and
district levels in accordance with the provisions of this Part.
(2) Notwithstanding anything in clause (1), Panchayat at the intermediate level may not be
constituted in a State having a population not exceeding twenty lakhs.
A clear term for 5 years has been provided for the Panchayats and elections must take place
before the expiry of the terms. However, the Panchayat may be dissolved earlier on specific
grounds in accordance with the state legislations. In that case the elections must take place
before expiry of 6 months of the dissolution.
Establish a Finance Commission in each State to determine the principles on the
basis of which adequate financial resources would be ensured for panchayats and
municipalities (Article 243I).
Article 243 O bars the courts to interfere in the Panchayat Matters.
Additionally, 74th Amendment provides for a District Planning Committee to consolidate
the plans prepared by Panchayats and Municipalities (Article 243ZD)
Every Zila Parishad consists of the following members:
(i) Pradhans of Panchayat Samities in the District:
(ii) members of the Rajya Sabha residing in the District;
(iii) members of the Lok Sabha elected from a Constituency which forms part of the
District.
(iv) members of the Legislative Assembly elected from the District;
(v) the above ex-officio members co-opt two women, a person belonging to that
scheduled caste and a person belonging to the schedule tribes.
(vi) Besides the above members the District Development Officer, viz. the Collector of
the District, is a member. He has a right to speak at the meetings but he has no
right to vote. There are some other associate members also, who have right to
speak but cannot vote.
ADMINISTRATIVE STRUCTURE
The chief executive officer (CEO), who is an IAS or a state civil service officer, heads the
administrative machinery of the Zila Parishad, who is not below the rank of the Deputy
Commissioner of a district. He may also be district magistrate in some states. The CEO
supervises the divisions of the Parishad and executes its development schemes.
(a) Exercise all the power specially, imposed or conferred upon him by or under the Act
or under any other law for the time being in force
(b) Control the officers and official of, or holding office under, the Zila Panchayat subject
to the general superintendence and control of the Adhyaksha and such rules as may be
prescribed;
(c) Supervise and control the execution of all works of the Zila Panchayat;
(d) Take necessary measures for the speedy execution of all works and developmental
schemes of the Zila Panchayat;
(e) Have custody of all papers and documents connected with the proceedings of the
meetings of the Zila Panchayat and its committees;
(f) draw and disburse monies out of the Zila Panchayat Fund;
(g) Exercise such other powers and discharge such other functions as may be prescribed;
and
(h) The Chief Executive Officer shall attend meeting of the Zila Panchayat and shall have
right to attend the meeting of any committee thereof and to take part in the discussion but
shall not have right to move any resolution or to vote
FUNCTIONS (29 functions- 11th schedule)
1. Provide essential services and facilities to the rural population and the planning and
execution of the development programmes for the district.
2. Supply improved seeds to farmers & inform them of new techniques of training.
3. Undertake construction of small-scale irrigation projects and percolation tanks.
4. Maintain pastures and grazing lands. Set up and run schools in villages.
5. Execute programmes for adult literacy. Run libraries.
6. Start Primary Health Centers and hospitals in villages. Start vaccination drives against
epidemics and family welfare campaigns.
7. Construct bridges and roads wherever needed Execute plans for the development of
the scheduled castes and tribes. Run ashrams Halas for adivasi children.
8. Set up free hostels for scheduled caste students.
9. Encourage entrepreneurs to start small-scale industries like cottage industries,
handicraft, agriculture produce processing mills, dairy farms, etc.
10. Implement rural employment schemes. They even supply work for the poor and needy
people.
Under Section 100 of the Zila Parishad and Panchayat Samiti Act, 1961, it shall be the
duty of the Zila Parishad so far as the district fund at its disposal will allow, to make
regional provision within the district with respect to all or any of the subjects enumerated
in the first schedule as amended from time to time under subsection (2) (in the act
referred to as 'district list'), and to execute or maintain works of developmental schemes
in the district relating to any such subjects.
SOURCES OF INCOME
1. Taxes on water, pilgrimage, markets, etc.
2. Fixed grant from the State Government in proportion with the land revenue and
money for works and schemes assigned to the Parishad.
3. The Zila Parishad can collect some money from the Panchayat with the approval of
the government.
4. It gets a share from the income from local taxes
RESERVATION
Seats will be reserved for SC/ST, which is in proportion to their population.
1/3rd seats reserved for women (Article 243D). These seats are reserved for the
Scheduled castes, Scheduled tribes, women and backward classes not only for contesting
in the elections but also for the office of the Adhyaksha and Upadhyaksha.
CASE LAWS
1. State Of Uttar Pradesh And Another v. Zila Parishad, Ghaziabad And Another
The case revolved around the withdrawal of the Public Distribution System (PDS)
from Gram Panchayats by the Uttar Pradesh government. The Zila Parishad challenged
this decision, arguing that it affected rural governance and the equitable distribution of
essential commodities.
The court ruled that the power to manage PDS could only be conferred on Kshetriya
Panchayats, not Gram Panchayats. It clarified that Article 243-G of the Constitution is
an enabling provision and does not independently grant legislative authority.
Consequently, the withdrawal of PDS from Gram Panchayats was upheld.
2. Balaji Krishnaji Bhoyar Vs. Zilla Parishad, Nagpur
The case revolved around the dismissal of a Zilla Parishad employee without conducting
a departmental inquiry. The appellant challenged the dismissal, arguing that it violated
service rules and was against the principles of natural justice.
It ruled that the dismissal without a proper departmental inquiry was unjust and that
the appellant had the right to challenge it.
3. Zila Parishad, Mirzapur And Others v. Jata Shanker And Another
The case involved the termination of a temporary employee, Jata Shanker, who was
appointed as a Vaccinator in the Zila Parishad, Mirzapur. His services were terminated
based on a resolution passed by the Zila Parishad, which decided to discontinue
temporary employees whose services were no longer required.
The Allahabad High Court ruled that the termination was void, as it did not follow proper
legal procedures. The court emphasized that even temporary employees are entitled to
fair treatment and due process before termination.
CONCLUSION
Zila Parishads are established under the broader framework of the Panchayati Raj
system, which is governed by the 73rd Constitutional Amendment Act, 1992. This
amendment provides a uniform structure for local governance across states, but individual
states have the authority to enact their own Panchayati Raj Acts to define the specific
functioning, powers, and responsibilities of Zila Parishads within their jurisdiction. While
the overall structure remains similar, each state has its own legislation governing the
formation, composition, and functions of Zila Parishads. For example:
Maharashtra – Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
Uttar Pradesh – Uttar Pradesh Panchayati Raj Act, 1947
Rajasthan – Rajasthan Panchayati Raj Act, 1994
Tamil Nadu – Tamil Nadu Panchayats Act, 1994
