Q. Describe the objectives and features of the Panchayat Raj in India. [BPSC-1993]

Q. Describe the objectives and features of the Panchayat Raj in India. [BPSC-1993]
The term Panchayati Raj in India signifies the system of rural local self government.  The term ‘Panchayati’ literally means Assembly (yat) of Five (panch) wise and respected elders chosen and accepted by the village community. Traditionally, they settled disputes which take place between individuals and villages. 
Though the origin of the philosophy of Panchayati Raj is deeply rooted into tradition and culture of rural India, In formal terms It has been established most of  the states of India by the Acts of the state legislatures in 1960s and was constitutionalised through the 73rd Constitutional Amendment Act of 1992.
Objectives:

• The main object underlying this Act is democratic decentralization of administration.
• To build democracy at the grass root level and the political empowerment of people at the grass root level for shaping their own destiny. 
• The local institution, made up of popular local leaders will be in a position to enhance greater people’s participation for the planning and implementation of schemes there by mobilizing additional resources for development purposes.
  • e.g. Drafting and implementation of development plans for the uplift of the villages would be vetted and monitored by the Gram Sabhas which include all the electorates of the village.
• The local institutions can provide the necessary assistance and guidance to the state in the creation of Five Year Plans and render all possible assistance to the government officials in the implementation of various projects and schemes. e.g.
  • the preparation of plans for economic development and social justice 
  • the implementation of schemes for economic development and social justice as may be entrusted to them.
• For the building up of the proper relations between the individual and his community through introduction of self management of problems of his community.
• Inculcating a sense of participation in the society and
• the political education of the villager.
• Rural development: to curb poverty, uplift standard of living of people in the rural areas, and enhance a healthy and wealthy society by creating awareness among them about hygiene, sanitation and eradication of illiteracy.
• Realizing the Gandhi’s vision of ‘Gram Swaraj’ and fulfilling the constitution directive under Art 40.
• Empowering women and backward classes. For this, the reservation for Women, SC ST and OBC has been introduced in Panchayati Raj system.
• To bring about the political, social and economic revolution which will not only enhance the democratic character of our society but will also provide a perennial source for throwing up energetic, honest and competent leaders.

Features: features of the panchayati raj in India is derived from 73rd CAA.

• Organization of Gram Sabhas:  it is the foundation of the panchayati raj system. 
  • 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.
• The act provides for a three-tier system of panchayati raj in every state, that is, panchayats at the village, intermediate, and district levels.  However, a state having a population not exceeding 20 lakh may not constitute panchayats at the intermediate level.
• Election of Member and Chairperson:
  • All the members of panchayats at the village, intermediate and district levels shall be elected directly by the people.
  • Further, the chairperson of panchayats at the intermediate and district levels shall be elected indirectly.  However, the chairperson of a panchayat at the village level shall be elected in such manner as the state legislature determines.
• Reservation of Seats:  The act provides for the reservation of seats for scheduled castes and scheduled tribes in every panchayat (i.e., at all the three levels) in proportion of their population to the total population in the panchayat area.
  • Further, the state legislature shall provide for the reservation of offices of chairperson in the panchayat at the village or any other level for the SCs and STs.
  • The act provides for the reservation of not less than one-third of the total number of seats of members and office for chairperson for women.  
  • The act also authorises the legislature of a state to make any provision for reservation of seats in any panchayat or offices of chairperson in the panchayat at any level in favour of backward classes.
• Duration of Panchayats: 
  • The act provides for a five-year term of office to the panchayat at every level.
  • However, it can be dissolved before the completion of its term. Further, fresh elections to constitute a panchayat shall be completed
    • before the expiry of its duration of five years; or
    • in case of dissolution, before the expiry of a period of six months from the date of its dissolution.
      • But, 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 period.
    • 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.
• 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, or 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. Further, all questions of disqualifications shall be referred to such authority as the state legislature determines.
• State Election Commission: 
  • The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the panchayats shall be vested in the state election commission.
  • The state legislature may make provision with respect to all matters relating to elections to the panchayats.
• 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 including those in relation to the 29 matters listed in the Eleventh Schedule.
• Finances: 
  • The state legislature may
    • authorise 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 constitution of funds for crediting all moneys of the panchayats.
• State Finance Commission: The governor of a state shall, after every five years, constitute a finance commission to review the financial position of the panachayats. 
  • It shall make the following recommendations to the Governor:
    • The principles that should govern:
      • The distribution between the state and the panchayats of the net proceeds of the taxes, duties, tolls and fees levied by the state.
      • The determination of taxes, duties, tolls and fees that may be assigned to the panchayats.
      • The grants-in-aid to the panchayats from the consolidated fund of the state. 
    • The measures needed to improve the financial position of the panchayats.
    • Any other matter referred to it by the governor in the interests of sound finance of the panchayats.
  • The state legislature may provide for the composition of the commission, the required qualifications of its members and the manner of their selection.
  • The Central Finance Commission shall also suggest the measures needed to augment the consolidated fund of a state to supplement the resources of the panchayats in the states (on the basis of the recommendations made by the finance commission of the state).
• 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 president of India may direct that the provisions of this act shall apply to any union territory subject to such exceptions and modifications as he may specify.
• Exempted States and Areas:
  • The act does not apply to the states of Nagaland, Meghalaya and Mizoram and certain other areas. These areas include, (a) the scheduled areas and the tribal areas in the states; (b) the hill area of Manipur for which a district council exists; and (c) Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.
  • However, the Parliament may extend the provisions of Panchayati Raj 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 declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court.
  • 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.
• The Panchayati Raj in areas under 5th schedule are governed by “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996, popularly known as the PESA Act, which has the provisions to safeguard and to preserve the traditions and customs of tribal communities.
• The Panchayati Raj in India is yet to perform upto satisfactory level. Lack of finance, functions and functionaries,  overwhelming dependency on government funding, reluctance to realize own taxes, poor Infrastructure, unspelt the powers of Gram Sabhas in many states etc are major reason for under-performance.
  • The Economic Survey 2017-18 points out that urban local governments, or ULGs, generate about 44% of their revenue from own sources as against only 5% by rural local governments, or RLGs.

Thus, if we are to realize the aims and objectives of Panchayati Raj,  we need to revisit it’s several features and adequately strengthen it as a real government institution.