Law and You > Constitutional Law > Grassroot Democracy in India: Panchayati Raj Institutions

The essence of democracy is decentralization of power and allowing governance to reach to the grass-roots level for welfare of people. Decentralization has been major instrument for the extension of the democratic process at the grass root level and to involve the local communities in decision making in matters concerning their basic civic and other needs. The involvement of local people, community, etc. is important for further development of democracy. India has been a welfare state ever since after Independence and the chief objective of all governmental endeavours has been the wellbeing of its citizens. India’s democratic structure has three levels of governance which are national, state, and local. In this article, let us discuss the constitutional provisions for development of grassroot level democracy in India through Panchayati Raj Institutions (PRIs).

Local government in India falls mainly under two categories: rural self-government and urban self-government. The panchayat in rural India and municipalities in urban India are defined in the constitution as institutions of local self-government. Local government in rural areas is enabled by the Panchayat system of governance involving Panchayati Raj Institutions (PRIs). Panchayats cover about 99.6% of India’s rural population. The powers and functions of PRIs vary from state to state. The Panchayat system exists in all states except Nagaland, Meghalaya and Mizoram. Panchayat system is provided for all states having a population more than 2 million. Function of the panchayat include, planning and implementation of schemes for economic development and social justice relating to the 29 subjects in the indicative list.

Historical Background:

Panchayati Raj System in Ancient Period:

The panchayats in India have a long history, before earning a covered place in the Indian Constitution. The significance of the system had been chronicled during different periods of Indian history. A reference to an organised system of rural local self-government (panchayat) has been found in ancient Vedic literature. Rig Veda has mentioned about ‘Gramini’, the village head employed by the king for civil and military purposes; while Atharva Veda envisaged the institution of ‘sabha’, ‘samiti’ sabhapati and ‘sabkasad’ primarily performing judicial functions. A mention of village institutions had been made in the great epics, the Ramyana and the Mahabharat, where the gramini was responsible for collecting statue dues, keeping village records, settling disputes and controlling crime. Kautaliya’s Artha Shastra gives a comprehensive account of the system of village administration prevailing in ancient India. Besides, evidence of the village panchayats is also discerned in the Maurya and Chola dynasties and during the golden era of the Gupta period.

Panchayati Raj System during Medieval Period:

With the coming of the Muslim rule in India, local institutions received a setback, as they did not enjoy the same autonomy and prestige, as under the Hindu kings. Mughal government was highly centralised, and the crown was the decision maker for the entire administrative machinery. The muslim rulers recognised local chiefs and zamindars as the repositories of local authority, to the exclusion of the people. The office of Kotwal was developed as the keystone of the municipal. The medieval period was comparatively an uneventful period in the history of panchayat system in India.

Panchayati Raj System during British Period:

During the initial years of British rule, the autonomy of the panchayats gradually got diluted with the establishment of local civil courts, criminal courts, revenue and police administration. However, the British rulers were well cognizant of the role played by self-governing communities at the village level. The East Indian Company Resolution of 1865 which said: ”The people of this country are perfectly capable of administering their local affairs. The municipal feeling is deeply mooted in them. The village communities are the most abiding of Indian institutions. They maintained the framework of society while successive swarms of invaders swept over the country.”

The Royal Commission on Decentralisation in 1907 recognised the importance of the panchayats at the village level, and recommended association of the people with the task of local administration. A few subsequent initiatives focused on decentralisation during British Raj are Montegue Chelmford Act, 1919; the Simon Commission report 1925 and Government of India Act, 1935. With these initiatives, by 1925 eight provinces had passed panchayat Acts and by 1926 six Indian princely states also passed panchayat laws. By 1948, 20 other native states had village panchayat Acts.

Panchayati Raj System After Independence:

The Government of India constituted several committees at different points of time to strengthen the local self- government institutions. The first one was the Balwantray Mehta Committee constituted in 1957, which recommended the urgency of democratic and elected institution at the lowest level and suggested a three-tier system. After this, Ashok Mehta Committee (1977) recommended a two-tier set-up at district and village level. The Sarkaria Commission on Centre-State relations appointed in 1983 recommended in its report that the objective of decentralised planning cannot be achieved unless panchayats play a major role of development and administration at village level.

The G.V.K. Rao committee, in 1985, emphasised the need for regular elections to panchayati raj institutions (PRIs). A committee headed by P.K. Thungon, in 1986 recommended that panchayati raj bodies should be constitutionally recognized, and should have provision for timely and regular elections and their term should be for a period of five years. While the L.M. Singhvi Committee of 1987 recommended that the PRIs should get constitutional safeguards and financial resources should be devolved to them.

Another committee headed by Prof. C.H. Hanumantha Rao (1984) went into the questions of evolving methodology for district level planning and recommended that planning process at the district level should be sufficiently decentralised, having a good deal of autonomy, administrative and technical capability and financial adequacy.

The Constitutional Amendment Act, 1992, marked a water-shed in the history of local self-government in the country since it gave a constitutional mandate to the state governments to restructure and revamp rural local bodies in accordance with constitutional obligations. The Act provided for

(i) the creation of three tier system of PRIs-gram panchayat at the village level, Janapud Panchayat at the block level and Zila Panchayat at the district level, with sufficient powers and functions contained in schedule XI of the Act;

(ii) the creation of State Election Commission to ensure free, fair and timely elections after the expiry of every 5 years, and

(iii) the creation of State Finance Commission after every 5 years to recommend devolution of financial resources from the state government to local bodies and also suggest measures for strengthening their financial position.

Panchayati Raj System after 73^rd Amendment:

The 73rd amendment of the Constitution is an epoch-making event in the history of democratic decentralization in India. The Act aims to provide a 3-tier system of Panchayati Raj for all States having a population of over 2 million, to hold Panchayat elections regularly every 5 years, to provide seats reservations for scheduled castes, scheduled tribes and women; to appoint a State Finance Commission to make recommendations as regards to the financial powers of the Panchayats and to constitute a District Planning Committee to prepare a development plan draft for the district. The 73rd Amendment Act does not apply to certain states, including Mizoram, Meghalaya, Nagaland, Jammu and Kashmir, and other areas.

The Panchayati Raj System is described in detail in the 73rd Amendment Act.

• The Panchayati Raj System would be based on the Gram Sabha, according to it. The Gram Sabha would be made up of registered voters from the Panchayat’s area.
• The 3-tier system of Panchayati Raj consists of a) Village-level Panchayats, b) Block-level Panchayats, and c) District-level Panchayats. Article 243-B envisages, Gram Panchayat at village level, Intermediate Panchayat at the Block Level and Zilla Parishad at the district level.
• According to the Act, the Panchayat office will be held for five years at each level. Article 243-E tells, Every Panchayat shall continue for five years from the date of its appointment.
• It also   delegated   the   responsibility   of   conducting   Panchayat   elections   to   the State Election Commission. Article 243-K provides for the establishment of State Election Commission. The Superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections to the panchayats shall be vested in the State Election Commission.
• In all of the states to which the Act applies, the Act clearly states that the Except for the chairpersons, all members of the Panchayats would be directly elected by the people.
• The Act includes a provision for seat reservation in the Panchayats. Seats are reserved for scheduled castes, scheduled tribes, women, and the economically disadvantaged. Article243-D envisages, reservation of seats for the Scheduled Caste and Scheduled Tribes in proportion to their population for membership of panchayat.
• Not less than one-third reservation of seats for women at the three different levels of PRIs. Article 243-D (3), provides that not less than one for women (including the number of seats reserved for women belonging to Scheduled Castes and Scheduled Tribe) of the total number of seats to be filled up by direct election in every panchayat shall be allotted by rotation to different constituencies in a panchayat.
• The Act also stipulates that the State Legislatures bestow powers and functions on the Panchayats.
• It would be tasked with carrying out the same functions and responsibilities as state legislatures.
• The State Finance Commissions of each state deal with the financial issues of the Panchayats. Article 243-I provides for constitution of States Finance Commission to review financial position of the PRIs and to make recommendations to the Governor and distribution between the state and the PRIs of the net proceeds of the taxes, duties, tolls and fees livable by state.
• The Act provides for the establishment of District Planning Committees to prepare development plans for the districts. Article 243 ZD provides for the constitution of DPCs to consolidate the development plans prepared by the gram panchayat.
• The Act provides for the preparation of plans of economic development and social justice and implement 29 subject listed in the 11th Schedule of the Constitution. Article 243(G) made addition of Eleventh Schedule and assigning duties and responsibilities on 29 subjects.
• The Act provides for the establishment of grama sabhas (village assemblies) and their empowerment as a decision-making body of the village. Article 243 provides for Gram Sabha to exercise such power and perform such function at the village level as the legislature of a State may be law provides.

Twenty-Nine (29) Functions of the PRIs as per Eleventh Schedule of the Constitution:

The 29 functions and responsibilities given to the PRIs, under the 11th Schedule of the Constitution of India are listed below:

1. Agriculture, including Agricultural Extension Agriculture,
2. Land Improvement, Implementation of Land Reforms, Land Consolidation and Soil Conservation
3. Minor Irrigation, Water Management and Watershed Development
4. Animal Husbandry, Dairying and Poultry
5. Fisheries
6. Social Forestry and Farm Forestry
7. Minor Forest Produce
8. Small Scale Industries, including Food Processing Industries
9. Khadi, Village and Cottage Industries
10. Rural Housing
11. Drinking Water, Water Supply and Sanitation
12. Fuel and Fodder
13. Roads, Culverts Bridges, Ferries, Waterways and Other Means of Communication
14. Rural Electrification, including Distribution of Electricity
15. Non-conventional Energy Sources
16. Poverty Alleviation Programme
17. Education, including Primary and Secondary Schools
18. Technical Training and Vocational Education
19. Adult and Non-formal Education
20. Libraries
21. Cultural Activities
22. Markets and Fairs
23. Health and Sanitation
24. Family Welfare
25. Women and Child Development
26. Social Welfare, including Welfare of the Handicapped and Mentally Retarded
27. Welfare of the Weaker Sections, Scheduled Castes and the Scheduled Tribes
28. Public Distribution System
29. Maintenance of Community Assets

Powers and responsibilities are delegated to panchayats at the appropriate level:

i) Preparation of the economic development plan and social justice plan

ii) Implementation of schemes for economic development and social justice in relation to 29 subjects given in the Eleventh Schedule of the Constitution

iii) To levy and collect appropriate taxes, duties, tolls and fees

Decentralization:

Decentralization refers to the idea of delegating or distributing a body’s activities, responsibilities, and so on from a designated centre to the rest of the world. Political decentralisation is defined as the devolution of powers to citizens in order for them to participate actively in public decision-making, representative elections, and so on. Administrative decentralisation also refers to the process of distributing resources, authority, and so on with the goal of managing public events, functions, and so on. The devolution of financial resources from a centralised authority to the outside with the goal of providing economic power and privilege is   known as fiscal decentralisation.

Political decentralisation, also known as power decentralisation, aims to give citizens more control over decision-making. As a result, power is devolved from the central government to the lower levels, not only through voting power but also through fiscal empowerment.  Power decentralisation is especially important in diverse and large countries like India, so that the needs of all sections of society can be met. Power decentralisation, according to proponents, allows for better decision-making because it considers the majority’s viewpoint.

Panchayati Raj Institutions (PRIs):

Gram Panchayat:

• Gram Panchayats can be established in villages with a minimum population of 300, if individual villages have small populations, they can be grouped together to form a group-gram panchayat.
• A gram panchayat consists of a sarpanch and five to 13 elected panches depending upon the population, and are elected for a period of 5 years, and is elected by the Gram Sabha.
• The members of village panchayats are elected by the same Electoral College, which elects members of the Legislative Assembly of the state and the Lok Sabha (the lower house of Parliament). The State Election Commission prepares the election roll for PRIs elections.
• The Sarpanch or Chairperson is the head of the Gram Panchayat, and the Sarpanch and Deputy Sarpanch are usually elected directly by the people.
• The annual budget and development schemes for the village are placed before the Gram Sabha for consideration and approval.
• The main source of income for panchayats is property tax, other sources include profession tax, taxes on pilgrimage (if applicable), animal trade etc. Besides this, the panchayats receive grants from the state government as well as Zilla Parishads.

Functions of the Panchayat:

Important functions of the gram panchayat include preparation of annual development plans, its budget; construction, repair and maintenance of community assets; khadi and village industries; rural housing; rural electrification; non-conventional sources of energy; poverty alleviation; education; public health and family welfare; adult and non-formal education; cultural activities, fairs and festivals; promoting agriculture, including animal husbandry; dairying and poultry; fisheries; social and farm forestry; women and child development; social welfare and public distribution system.

Panchayat Samiti:

• The panchayat at the intermediate level is known as Panchayat Samiti. It works at the Tehsil or Taluka level, also known as Development Block.
• The Panchayat Samiti acts as the link between the gram panchayat and the district administration. The Panchayat Samiti is also known as Mandal Parishad, Taluka Panchayat, Mandal Panchayat.
• Its membership comprises: 15 to 25 directly elected members from territorial constituencies. The Panchayat Samiti is composed four types of members, the Ex-officio members: all sarpanch has of the Development Block, the MPs and MLAs of the area and Sub-Divisional Officer (SDO), Co-opted members: representatives of SC/STs and women, associate members: one farmer, one representative of cooperative societies and one representative of marketing services, and elected members.
• The samiti is elected for a period of 5 years, there is a Chairman and a Deputy Chairman, and there is an officer in charge for every department of the Samiti including administration, finance, public works, agriculture etc.
• The main source of income of the Samiti is grants and loans from the state government. There is a panchayat samiti in each development block, a compact development area.

Functions of the Panchayat Samiti:

The important functions are agricultural improvement, land improvement, establishment of primary health centres and primary schools, supply of drinking water, sanitation, and construction/repair of roads, establishment of cooperative societies, and establishment of youth organisations, irrigation and water management and promotion of animal husbandry and dairying and poultry, fisheries, social services, social welfare, technical training, poverty alleviation and rural electrification, and development of cottage and small scale industries.

Zilla Parishad:

• Every district has a zilla parishad, having jurisdiction over the entire district excluding the areas included in a municipality or a cantonment board.
• The Additional Deputy Commissioner (Development) of the district is the ex-officio Chief Executive Officer of the zilla parishad.
• The other members of the zilla parishad are: Directly elected from demarcated constituencies; All chairpersons of panchayat samitis; Members of Parliament/Member of Legislative Assemblies whose constituencies fall in the jurisdiction and geographical area of the zilla parishad; The members of the Zilla Parishad are Chairmen of the Panchayat Samitis fallings under the area, they serve for a period of 5 years; Zilla Parishads have min 50 and maximum 75 members; Seats are reserved for SC/STs, backward classes and women.
• Sources of income of Zilla Parishad are from the taxes on water, pilgrimage, markets etc, money from the state government for works and schemes assigned to the Parishad, and fixed grant from the state government in proportion to the land revenue.

Function of the Zilla Parishad:

The functions include planning and execution of development projects for the district, provide essential services and facilities to the rural population, agriculture projects such as supply of seeds, irrigation, new techniques of farming etc, ground water resources and watershed development; horticulture; Statistics; rural electrification; distribution of essential commodities; soil conservation; animal husbandry and dairying; fisheries; small scale industries including food processing industries; rural roads; health and hygiene; rural housing; education projects such as setting up and running of schools, adult literacy, running libraries, establish primary health centres, hospitals, mobile health centres, carry out vaccination drives and family welfare campaigns, construct/repair bridges and roads, development plans for SC/STs, hostels for SC students, ashram shalas for adivasis, encourage entrepreneurship in small scale industries such as handicrafts, dairy farms etc.

Conclusion:

Grassroots movements and organizations use collective action from the local level to affect change at the local, regional, national, or international level. Grassroots movements are related with bottom-up, rather than top-down decision making, and are sometimes considered more natural or spontaneous than more traditional power structures. Grassroots movements utilize numerous strategies from fundraising and registering voters, to simply encouraging political conversation.

73rd and 74th Constitution Amendments prescribes regular elections every five years and election within six months of the dissolution of any PRI. To guarantee free, fair, and timely elections, there is a facility for establishing state election commission. The most innovatory provision is the reservation of one-third of the seats for women in local bodies, along with reservation of seats for scheduled castes and scheduled tribes in proportion to their regional populations. The amendment lays down 29 functions to be entrusted to the PRIs. To maintain a democratic philosophy, popular accountability, and transparency.

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