LOCAL SELF-GOVERNMENT: PANCHAYAT & MUNICIPALITIES

 LOCAL SELF-GOVERNMENT: PANCHAYAT & MUNICIPALITIES

  • Constitutional status: 73rd and 74th amendment act 1992
  • Local Government is state subject under seventh schedule.
  • Article 40 – reads ‘the State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government’.
  • Rajasthan was the first state to establish Panchayati Raj. The scheme was inaugurated by the prime minister Jawaharlal Nehru on October 2, 1959, in Nagaur district.
  • Subject of ‘urban local government’ is dealt with: -Ministry of Housing and Urban Affairs + Ministry of Defence + Ministry of Home Affairs.

 

EVOLUTION OF PANCHAYAT:

 

YEAR COMMITTEE RECOMMENDATIONS
1957 Balwant Rai Mehta Committee: To examine working of community development programs and national extension services
  •          Three-tiers
  •         Planning and development at district level
  •         District collector should be chairman of zila parishad

 

1977 Ashok Mehta committee (committee on Panchayati raj institutions
  •          2 tiers
  •         Executive body: zila parishad
  •          Recommended constitutionality
  •          Recommended Nyaya Panchayat
  •          Planning and development at district level
  •          Developmental function shall be transferred CEO of zila parishad. district collector as regulator, revenue functions of state govt.
  •          Minister for Panchayati raj in the state council of ministers.
  •          Reservation of Seats for SCs and STs on the basis of their population.
  •          Constitutional recognition should be accorded to the PRIs – Will ensure sanctity and stature and an assurance of continuous functioning.
1978 Dantewala Committee:
  •         On Block level planning
1984 Hanumanth Rao Committee •         On District Planning
1985 G V K Rao Committee: To examine programs of rural development and poverty alleviation
  •          Zila parishad –pivotal importance
  •          Panchayat raj institution at district and lower levels should be assigned planning and development
  •          Post of District Development Commissioner should be created –CEO of zila parishad
1986 L M Singhvi Committee: Revitalization of panchayat raj for democracy and development.

 

  •          3 tiers
  •          Zila parishad integrated administrative structures for planning and development
  •          District development officer must be CEO of zila parishad
  •          Constitutional recognition to PRI with addition of new chapter in the Constitution of India.
  •         Planning and development at district level

 

The Committee concluded that the developmental process was gradually bureaucratized and divorced from the Panchayati Raj and called PRIs as ‘grass without roots’.

1988 Thungon Committee: District planning
  •          Three tiers
  •         Zila parishad: planning and development
  •          Fixed tenure of 5 years
  •          Reservation for women
  •         District collector – CEO of zila parishad
1988 Gadgil Committee: Committee on policy and programs
  •         3 tiers
  •          Executive body: panchayat committee
  •          Recommended constitutionality
  •         Planning and development at district level
  •          Direct elections for members of the Panchayats at all the three levels.
  •          Fixed five years term of Panchayati Raj institutions.

 

EVOLUTION OF MUNICIPALITY:

 

1687 Madras first municipal corporation
1726 Municipal corporation of Bombay and Calcutta
1870 Lord Mayo’s resolution on financial decentralization
1882 Lord Ripon resolution –Magna Carta of local self-government
1907 Royal commission on Decentralization
1919 Govt of India act, local self govt. become transferred subject
1924 Cantonments Acts
1935 Govt. of India act – local govt. become provincial subject

 

PANCHAYAT (73RD AMENDMENT ACT 1992)

 

 

 

CONSTITUTIONAL PROVISIONS:

  •          Rural local self govt.
  •          Schedule 11 – (29 functions) + Part IX; Article 243-243 O
  •         Important articles:

o   243 G – Authority

o   243 H – Representation

o   243 I – Finance commission

GRAM SABHA: Symbol of direct democracy + All voters of the village are its members + Functions are determined by state legislature.
 

THREE-TIER PANCHAYAT SYSTEM:

 

•         Bring uniformity in structure of Panchayati raj throughout the country

•         Village, Intermediatory, district levels-panchayats

•         State having population not exceeding20 lakh may not constitute panchayat at intermediate level

•         All members are directly elected at all institute of local government

•         Chairperson: elected in such manner state legislature may prescribe.

  •          Reservation at all three levels – Seats are reserved for SC/ST (based on population) + Women (1/3rd reservation)

•         Reservation for scheduled caste not applicable to Arunachal Pradesh.

•         Duration: five years.

•         Panchayat reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for remainder of period.

 

 

 

DISQUALIFICATION:

A person disqualified to be member under:

1.       Any law for the time being in force for purpose of elections to the legislature of state concerned

2.       Under any law of state legislature

3.       No person shall be disqualified on the ground that he is less 25 years of age if he has attained the age of 21 years.

STATE ELECTION COMMISSION

(Art. 243 K):

 

•         Conduct of all election to panchayat shall be vested in state election commission

•         Conditions and tenure of office of state election commissioner shall also be determined by governor.

•         With regard to state election commissioner: Conditions of service may not be varied to his disadvantage after his appointment.

POWERS, FUNCTIONS AND FINANCES DETERMINED BY STATE LEGISLATURE: •         29 matters that can be transferred to panchayat there in 11th schedule.

•         Preparation of plans and implementation of plans for economic development and social justice.

•         Finances: state legislature may authorize panchayat to levy taxes, assign from collected revenue of state, grants in aid by states.

 

STATE FINANCE COMMISSION:

 

•         Governor constitutes once in five year

•         Composition + qualification: determined by state legislature

•         Central finance commission can recommend measures to augment the consolidated fund of state and supplement the resources of the panchayat in the state.

 

 

OTHER PROVISIONS

•         Audit and accounts: state legislature determines

•         Election petitions: state legislature determines

•         Application to UT: President shall apply the provision of the act

•         Certain areas are exempted – Nagaland, Mizoram, Meghalaya and others (hill areas of Manipur and Darjeeling).

 

PESA ACT OF 1996:

 

•         PART IX provision is not applicable to fifth schedule areas. Extension of these provisions with certain modification in scheduled area.

•         Self-rule with administrative framework consistent with traditional practices.

 

MUNICIPALITY (74TH AMENDMENT ACT 1992)

 

 

CONSTITUTIONAL PROVISIONS:

  •          Urban local self govt
  •          Schedule 12- (18 functions) + Part IX A + Article 243 P -243 ZG
  •          Important articles:

o   243 W-authority

o   243 X-representation

o   243 Y-finance commission

o   243 ZD- district planning committee

o   243 ZE-Metropolitan planning committee.

 

 

THREE TYPES OF MUNICIPALITY:

 

1.       Nagar panchayat (rural to urban transition area)

2.       Municipal council (small urban area)

3.       Municipal corporation (large urban area)

Ward committee: exists if population of municipality is more than 3 lakhs, remaining all as panchayat.

 

ELECTIONS:

 

  •         Municipalities can have nominated members it’s decided by state legislature.
  •          Seats are reserved for SC/ST (based on population)
  •          Women – 1/3rd reservation
  •          Manner of reservation of chairpersons and OBC are determined by state legislature.
 

FUNCTIONS:

 

  •         12th schedule – 18 functions that can be   transferred by state legislature to municipalities
  •         Other function: same as panchayat.
 

 

 

 

 

 

 

 

 

TYPES OF URBAN GOVT:

 

  •          MUNICIPAL CORPORATION: administration of big cities, created by acts of state legislature (in case of UT by parliament) à Administrative framework: council headed by Mayor, standing committee, municipal commissioner
  •         MUNICIPALITIES: administration of towns and smaller cities, created by acts of state legislature à Administrative framework: council headed by president, standing committees, CEO.
  •          NOTIFIED AREA COMMITTEE: administration of fast developing towns or which doesn’t fulfill conditions for a municipality created through gazette notification. Entirely nominated body.
  •         TOWN AREA COMMITTEE: small town administration, semi municipal authority with limited functions, created by state legislature.  May be wholly elected or wholly nominated or partly elected and partly nominated as provided by state government.
  •          CANTONMENT BOARD: It is set up under the provisions of the Cantonments Act of 2006—a legislation enacted by the Central government + Civilian administration in cantonment area, works under defense ministry partly elected and partly nominated.
  •          TOWNSHIP: Established by the large public enterprises to provide civic amenities to its staff and workers + no elected members
  •          PORT TRUST: established by act of parliament for civil administration in and round ports. Consists of both elected and nominated members.
  •         SPECIAL PURPOSE AGENCY: Set up by state for specific purpose i.e. function based organization not area based.

 

DISTRICT PLANNING COMMITTEE (DPC):
  • State legislature determine the mode of elections.
  • Article 243ZD: to consolidate plans of panchayat and municipalities and to prepare a draft development plan.
  • 4/5th members of DPC should be elected by the elected members of the district panchayat and municipalities in the district from amongst themselves.
  • 1/5th members are nominated
  • Elected member is proportionate to rural: urban population.

 

METROPOLITAN PLANNING COMMITTEE (243ZE):
  • Metropolitan area – An area in the country where population is above 10 Lakh (Article 243P)
  • To prepare a draft development plan.
  • 2/3rd members of MPC should be elected by the elected members of the municipalities and chairpersons of the panchayats in the metropolitan area from amongst themselves.
  • 1/3rd nominated
  • Elected member is proportionate to rural: urban population.

 

CENTRAL COUNCIL OF LOCAL GOVERNMENTS:
  • Set up in 1954. It was constituted under Article 263 (Inter-state council) of the Constitution of India by an order of the President of India as an advisory body.
  • Chairperson – Union minister for Urban Development
  • Composition-It consists of the Minister in the Government of India and the ministers for local self-government in states.