UNIT-V

72nd and 73rd Amendment of the Indian Constitution

The passage of the Constitution 72nd and 73rd amendment bills in 1992 by Parliament
initiated the first phase of local government reform in India. The bills received the assent of
the President and came into force in April, 1993.

The basic thrust of such reform is that elected local governments will be allowed to function
in respect of their allotted tasks. This means that all types of local governments are to be
elected either by the people or in the special case of the intermediate (anchal) panchayats by
the chairman of the village (gram) panchayats.

The period of supersession of the local governments is to be for a maximum of six months. In
the case of municipal bodies or nagarpalikas there is a provision for co-opting non-voting
members with special expertise in municipal administration.

There has also to be adequate representation for Scheduled Caste and Scheduled Tribe
members. At least a third of the total elected membership of local governments is to be
women. Additionally, the state legislations may reserve the post of chair-persons for women
as well as reserve seats for the backward classes.

The functions allotted to the panchayats cover 29 subjects, while those for the nagarpalikas
cover 16. This means that the panchayats will have largely concurrent functional
responsibilities.

In keeping with the imperatives of economic liberalisation local governments are expected to
privatise their market-related services and encourage non-governmental organisations and
Community Based Organisations (C.B.O) to provide social services.

This would result in a variety of public-private collaborations in the provision of community

services and the involvement of local governments in public service delivery arrangements.

The Act provides for a mandatory appointment of State Finance Commissions (SFCs) every
five years. There should be a common commission for both the panchayats and the
nagarpalikas and for a group of states.
The SFCs are required to assess local government revenues from their own sources and
recommend a package of revenue devolution and grants from the State Government to meet
their projected fiscal gap in terms of an estimated level of local expenditure.

Panchayati Raj and Municipality systems in Tamil Nadu state.

1. Village Panchayat:

In the structure of the Panchayati Raj, the Village Panchayat is the lowest unit. There is a
Panchayat for each village or a group of villages in case the population of these villages
happens to be too small. The Panchayat chiefly consists of representatives elected by the
people of the village.

Only the persons who are registered as voters and do not hold any office of profit under the
government are eligible for election to the Panchayat. The persons convicted by the court for
criminal offences are disqualified from election of the Panchayat.

There is also provision for co-option of two women and one member of the Scheduled Castes
and Scheduled Tribes, if they do not get adequate representation in the normal course.

The Panchayat as a body is accountable to the general body of the village known as Gram
Sabha which meets at least twice a year. The Gram Panchayat must present its budget,
accounts of the previous year and annual administrative report before the Gram Sabha.
Furthermore, it has to secure the latter’s approval of the village production plan, proposals for
taxation and development programmes before they are enforced by the Panchayat.

Every Panchayat elects a President or Sarpanch and a Vice-President or Upsarpanch. In some

states the Sarpanch is directly elected by the Gram Sabha either through the show of hands or
through secret ballot while in other states the mode of election is indirect.

The Sarpanch occupies a pivotal position in Gram Panchayat system. He supervises and
coordinates the various activities of the Panchayat.

He is an ex-officio member of the Panchayat Samiti and participates in its decision-making as

well as in the election of the Pradhan and of the members of various Standing Committees.
He acts as the executive head of the Panchayat, represents it in the Panchayat Samiti as its
spokesman and coordinates its activities and those of other local institutions like
cooperatives.

The Panchayat Secretary and the Village Level Worker are the two officers at the Panchayat
level to assist the Sarpanch in administration.

The Panchayat Secretary assists the Panchayat in recording decisions, keeping minutes,
preparing budget estimates and reports, and does other sundry jobs like preparing notices,
explaining circulars, organising Gram Sabha meetings etc.

The Village Level Worker now called Village Development Officer assists the Panchayat in
drawing up agricultural production plans, helps farmers in securing loans for agriculture,
arranges the supply of inputs like seeds and fertilizers, and educates farmers about modern
agricultural practices. He serves as the principal link between the Panchayat and the
Panchayat Samiti.

He keeps the Panchayat informed of various development programmes and reports to the
Panchayat Samiti about the progress of the schemes and achievement of targets. He is
accountable to the Sarpanch at the Panchayat level on the one hand, and to the Block
Development Officer and extension officers on the other hand at the Samiti level.

The Gram Panchayats can levy certain taxes and duties to meet their expenses. Some of the
taxes which the Gram Panchayats can levy include tax on animals, vehicles, house, vacant
lands and professions. They can also levy duty on transfer or property situated in the area
under their jurisdiction.

The fees paid for presenting civil criminal cases before the Panchayats and fines on account
violation of Panchayat laws are other sources of its income. But a, as the duties to be
performed by the Panchayats are so onerous that they have to depend on the state government
for further finances.

As regards the principal functions performed by the Village Panchayat, they include
maintenance of roads, wells, schools, burning and burial grounds, sanitation, public health,
libraries, reading rooms, community centre etc.
The Panchayat also keeps records of births and deaths. It makes necessary provisions for the
promotion of agriculture and animal husbandry, cottage CONTI industries, co-operative
societies etc. The minor disputes among residents of village are also settled by the Village
Panchayat.

It seeks to ensure a minimum standard of cultivation for raising agricultural production. In

addition, the Panchayat also acts as the agent of the Panchayat Samiti in executing schemes
of development at the village level.

2. Panchayat Samiti:

The Panchayat Samiti is the second on join tier of the Panchayati Raj. The BalwantRai Mehta
Committee report has envisaged the Samiti as a single representative and vigorous
democratic institution to take charge of all aspects of development in rural areas. The Samiti,
according to the Committee, offers “an area large enough for functions which the Village
Panchayat cannot perform and yet small enough to attract the interest and services of
residents.”

Usually a Panchayat Samiti consists of 20 to 60 villages depending on area and population.

The average population under a Samiti is about 80,000 but the range is from 35,000 to 1,
00,000. The Panchayat Samiti generally consists of- (1) about twenty members elected by
and from the Panches of all the Panchayats falling in the block area; (2) two women members
and one member each from the Scheduled Castes and Scheduled Tribes to be co- opted,
provided they do not get adequate representation otherwise;

(3) two local persons possessing experience of public life and administration, which may be
beneficial for the rural development; (4) representatives of the Co-operatives working within
the jurisdiction of the block; (5) one representative elected by and from the members of each
small municipality lying within the geographical limits of a block; (6) the members of the
State and Union legislatures representing the area are to be taken as associate members.

The President of the Panchayat Samiti is the Pradhan, who is elected by an electoral college
consist of all members of the Panchayat Samiti and all the Panchas of the Gram Panchayat
falling within the areas. Besides the Pradhan, the Up-pradhan is also elected. The Pradhan
convenes and presides over the Panchayat Samiti meetings. He guides the Panchayats in
making plans and carrying out production programmes.

He ensures the implementation of the decisions and resolutions of the Samiti and its Standing
Committees. He exercises administrative control over the VikasAdhikari (BDO) and his staff.
He is a member of the Zilla Parishad by virtue of his office as a Pradhan. He is the ex- officio
chairman of the Standing Committees of the Samiti.

As the Chief Executive Officer of the Panchayat Samiti, the Block Development Officer is
entrusted with the responsibility for implementing the resolutions of the Samiti and its
Standing Committees. He prepares the budget of the Samiti and places it before the Samiti for
approval. Preparing the annual report of the Samiti and sending it to the Zilla Parishad and
State Government also comes within the purview of his responsibility. He is accountable to
the President of the Samiti for his actions.

The principal function of the Panchayat Samiti is to coordinate the activities of the various
Panchayats within its jurisdiction. The Panchayat Samiti supervises the work of the
Panchayats and scrutinises their budgets. It also reserves the right to suggest measures for
improving the functioning of the Panchayats. The Samiti is charged with the responsibility of
preparing and colon implementing plans for the development of agriculture, animal to SU
(husbandry, fisheries, small scale and cottage industries, rural health tropic etc.

On the face of things it may appear that the Panchayat Samiti enjoys enormous powers. But
the reality is something different. It has no independence in instituting special programmes or
development projects of its choice. It simply carries out the directives of the State
Government pertaining to specific projects.

Furthermore, the primacy of the non-elected members of the Samiti over the elected members
amounts to a mockery of democracy so far as democratic decentralisation is concerned.
Despite all world these it cannot be gainsaid that the Panchayat Samiti serves as a launching
pad for the political leaders for higher responsibilities at the district and state levels.

3. Zilla Parishad:

The Zilla Parishad stands at the apex of the three-tier structure of the Panchayati Raj system.
Generally, the Zilla Parishad consists of representatives of the Panchayat Samiti; all the
members of the State Legislature and the Parliament representing a part or whole of the
district; all district level officers of the Medical, Public Health, Public Works, Engineering,
Agriculture, Veterinary, Education and other development departments.

There is also a provision for special representation of women, members of Scheduled Castes
and Scheduled Tribes provided they are not adequately represented in the normal course. The
Collector is also a member of the Zilla Parishad.

The Chairman of the Zilla Parishad is elected from among its members. There is a Chief
Executive Officer in the Zilla Parishad. He is deputed to the Zilla Parishad by the State
Government. There are subject matter specialists or officers at the district level in all the
states for various development programmes.

The Zilla Parishad, for the most part, performs co-ordinating and supervisory functions. It
coordinates the activities of the Panchayat Samitis falling within its jurisdiction. In certain
states the Zilla Parishad also approves the budgets of the Panchayat Samitis.

The Zilla Parishad also renders necessary advice to the Government with regard to the
implementation of the various development schemes. It is also responsible for the
maintenance of primary and secondary schools, hospitals, dispensaries, minor irrigation
works etc. It also promotes local industries and art.

The finances of the Zilla Parishad consist of the grants received from the State Government
and share in the land cess and other local cess and taxes. Sometimes it has been allowed by
the State Government to levy certain taxes or enhance the taxes already levied by the
Panchayat Samitis subject to a certain limit.

Powers and Functions of Election Commission of India!

(i) Demarcation of Constituencies:

To facilitate the process of elections, a country has to be divided into several constituencies.

The task of delimiting the constituencies is generally performed by a Delimitation

Commission. But the power to delimit parliamentary and Assembly constituencies for the
first general elections in 1951 was conferred on the President.
The President’s delimitation order was to be released on the advice of the Election
Commission which also consulted Parliamentary Advisory Committees set by the Speaker of
Parliament and the Speaker of the respective legislative Assembly to which the delimitation
proposal pertained

The Election Commission distributed the seats district-wise in each one of the States and
directed the Chief Electoral Officers to prepare proposals for the physical demarcation of
Constituencies according to the prescribed criteria. As on outcome of the recommendation of
the Election Commission the Parliament enacted the Delimitation Act, 1952.

The Delimitation Commission was to consist of three members, two of whom were the
nominated by the President from serving or retired judges of the Supreme Court or High
Courts while the Chief Election Commissioner was to be an ex-office member.

(ii) Electoral Rolls:

The second important but tedious function of the Election Commission is to prepare for
identification the up-to-date list of all the persons who are entitle for voting at the poll.

(iii) Recognition of Political Parties and Allotment of Symbols:

A new part (Part IV A) has been added to the Representation of the People (Amendment)
Act, 1951 on registration of political parties. Section 29 A now inserted provides for
registration with the Commission, of associations and bodies of individual citizens of India as
political parties for purpose of this Act.

This provision came into force from June 15, 1989. A recognised political party has been
classified either as a National Party or a State Party under paragraph 7 of the Elections
Symbol Order, 1968.

Another important function of the Election Commission is to allot symbols to the political
parties and the candidates, and also to accord recognition to the political parties. The
Commission has specified certain symbols as reserved and others as free. The reserved
symbols are only available for candidates sponsored by the political pin ties and the free
symbols are equally available to other candidates.
(iv) Scrutiny of the Nomination Papers:

It examines the nomination papers of the candidates. These papers are accepted if found in
order, but rejected otherwise. This duty is performed by the Returning Officer who notifies to
all the contesting candidates the date, time and place for the formal scrutiny of nomination
papers.

The Returning Officer summarily but judicially examine all the nomination papers and
decides the objection raised. He is also to see whether the requisite requirements of security
deposit, election symbol, election agent, etc., have also been fulfilled.

(v) The Conduct of the Poll:

It undertakes the task of the poll throughout the whole of India. In a Parliamentary or
Assembly constituency, the Returning Officer is to make suitable arrangements for
conducting the poll with the prior approval of the Election Commission. The Commission can
order a re-poll for the whole constituency under compulsion of circumstances.

Article 324 confers on the Election Commission necessary powers to conduct the elections
including the power to countermand the poll in a constituency and ordering a fresh poll
therein because of hooliganism and breakdown of law and order at the time of polling or
counting of votes.

(vi) Election Expenses:

Another most controversial function that the Election Commission has perform is to
scrutinise the accounts of election expenses submitted by contestants in elections. In India
every contesting candidate is required to maintain and file the accounts of his election
expenses within a prescribed period after publication of the result of his election.

Within 10 days from the last date of filing the returns, the Returning Officer submits to the
Election Commission, a list of all the candidates and their agents together with their returns
as a also his observations in respect of candidates who have failed to lodge returns in the
specified time and in accordance with the procedure prescribed by law.
The Commission scrutinizes the accounts and decides whether the returns are in proper form
and whether they have been lodged in time. In case of default, it notifies the candidates or
their agents of their disqualification by publishing these in the official Gazette.

(vii) Advice to President:

Advising the President on the question of disqualification if any member of Parliament or

advising the Governor on the question of disqualification of a member of a State legislature.
Article 324 has to be read in the light of the constitutional scheme and the Representation of
the People Acts of 1950 and 1951.

There are two limitations on the exercise of plenary power of the Election Commissioner.
First, when Parliament or any State legislature has made a valid law, relating to or in
connection with elections, the Commission shall act in conformity with such law.

But where such a law is silent, Article 324 is a reservoir of power to act for the avowed
purpose of pushing forward a free and fair election with expedition, Second, the Commission
shall conform to the rule of law, act bona fide and be amenable to the norms of natural justice
insofar as conformance to such Cano can reasonably and realistically be required of it.

Institute and Bodies for the welfare of SC/ST/OBC and women.

Welfare of Scheduled Castes

The Constitution of India defines the ‘Scheduled Castes’ means “such castes, races or tribes
or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be
Scheduled Castes for the purpose of this constitution.” Article 341, the president of India is
empowered to specify “the castes, races, or tribes or tribes or part of or groups within castes,
races or tribes or part of or groups within castes, races or tribes which shall for the purposes
of the constitution be deemed to be Scheduled Castes.”

The SCs constitute 16.23% of India’s population spread all over the country, with 80% of
them living in the rural areas. They constitute more than a fifth of the population of UP,
Punjab, Himachal Pradesh and West Bengal. Punjab has the highest proportion of SCs to the
State population. More than half of the SC population is concentrated in the five States of
Uttar Pradesh (35.1 million), West Bengal (18.4 million), Tamil Nadu (11.8 million), Andhra
Pradesh (12.3 million) and Bihar (13.0 million).
EDUCATIONAL DEVELOPMENT SCHEMES

a) Pre-Metric Scholarships for Children of those engaged in Unclean Occupation:

Under the Scheme, the Children of families engaged in unclean occupations such as
scavenging, flaying and tanning are assisted to pursue education upto matriculation level. The
scholarship is provided through State Governments and Union Territory Administrations.
Central assistance is provided to the State Governments on 50:50 basis and to the Union
Territories on 100 per cent basis over and above their committed liability. Students amongst
target groups with disabilities are also assisted.

b) Pre-Matric Scholarship Scheme for SC students

The Scheme of Pre-Matric Scholarship Scheme for SC students has been introduced in 2012
with an objective of the scheme to support parents of SC children for education of their wards
studying in classes IX and X so that the incidence of drop-out, especially in the transition
from the elementary to the secondary stage is minimized. For being eligible under this
Scheme, the student should belong to Scheduled Caste and her/ his Parent/Guardian`s income
should not exceed Rs. 2 lakh per annum.

c) Post-Metric Scholarships for SC Students:

The scheme provides financial assistance to Scheduled Caste students for pursuing studies
beyond matriculation in recognized institutions. The assistance includes maintenance
allowance for various categories of courses, reimbursement of compulsory non-refundable
fee charged by the institutions and other allowance such as study tour charges, thesis typing/
printing charges and book grant. The income ceiling (of parents/guardians from all sources)
has been revised recently from existing Rs. 1.00 lakh p.a. to Rs. 2.00 lakh p.a. The scheme
provides 100 per Central assistance to the State Governments and UT Administrations for the
proper implementation of the scheme.

d) National Fellowship Scheme:

National Fellowship (RGNF) for Scheduled Caste Students provides fellowships, in the form
of financial assistance to students belonging to Scheduled Castes to pursue higher studies for
M.Phil and Ph.D. degree. The scheme is being implemented through the University Grants
Commission.

e) National Overseas Scholarship and Passage Grants for Higher Education

Under this scheme assistance is provided to meritorious students for pursuing higher studies
of Masters level courses, Ph.D and Post Doctoral research Programmes abroad in specified
fields like Engineering, Technology and Science only. Financial assistance under the scheme
is provided for a maximum period of four years for Ph.D. research, for 3 years for Master’s
Programme. Students whose family income exceeds Rs. 18,000 per month are not eligible for
assistance and only one child of the same parents/guardians is eligible to get benefit under the
scheme. The prospective awardees should not be more than 35 years of age.

f) Upgradation of Merit for SC Students

The main objective of the scheme is to upgrade the merit of Scheduled Caste students by
providing them with facilities for all-round development through education in residential
schools.

g) Coaching and Allied Scheme for Weaker Sections including SCs, OBCs and
Minorities

The scheme aimed to equip aspiring students for preparing them for various competitive
exams. Aspiring students take their guidance and coaching from the centers run by State
Governments/UTs, Universities and NGOs.

h) Central Sector Scholarship Scheme of Top Class Education for Scheduled Caste
Students

Under the Scheme, SC students who secure the admission in the notified institutions are
provided full financial support to meet the requirements of Tuition fees, living expenses,
books and computer. Maximum number of slots for new scholarship each year is 1250.
Scholarships are granted for Engineering, Medicine, Law, Management and other specialized
courses. Notified Institutions include Indian Institutes of Management ((IIMs), Indian
Institute of Technology (IITs), National Institute of Technology (NITs), Commercial Pilot
training Institutions and reputed medical/law and other institutions of excellence.
ECONOMIC DEVELOPMENT SCHEMES

a) National Scheduled Castes Finance and Development Corporation

The National Scheduled Castes Finance and Development Corporation (NSFDC) provides
concessional finance for employment generation to the persons belonging to the Scheduled
Castes living below double the poverty line, skill development through training,
entrepreneurial development and innovative projects. The Corporation is also implementing
‘MahilaSamridhiYojana’.

b) National SafaiKaramcharis Finance and Development Corporation

National SafaiKaramcharis Finance and Development Corporation was established in 1997 to

provide financial support to the safaikaramcharis (scavengers) to take up various income-
generating activities. The National Commission for SafaiKarmacharis, a statutory body has,
inter-alia, been empowered to investigate into specific grievances as well as matters relating
to implementation of programmes and schemes for welfare of SafaiKarmacharis. The
authorized share capital of NSKFDC has been enhanced from Rs.300.00 crore to Rs. 600.00
crore by the Government in January, 2012. These would enable the Corporation to cover
additional number of SafaiKaramcharis under its Schemes for enabling them to undertake
income generating activities etc.

c) Self-Employment Scheme for Rehabilitation of Manual Scavengers

The Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS) was

introduced in January, 2007, with the objective to rehabilitate the remaining manual
scavengers and their dependents in alternative occupations.
After the enactment of ‘Prohibition of Employment as Manual Scavengers and their
Rehabilitation Act, 2013’, SRMS was revised in synchronization with the provision of the
Act.
As per the revised Scheme, identified manual scavengers, one from each family, are provided
one-time cash assistance. The identified manual scavengers and their dependents are provided
project based back-ended capital subsidy up to Rs. 3,25,000 and concessional loan for
undertaking self-employment ventures. Beneficiaries are also provided training for skill
development for a period up to two years, during which a stipend of Rs. 3,000 per month is
also provided.

d) Venture Capital Fund for Scheduled Castes

Venture Capital Fund is a Social Sector Initiative to be implemented nationally in order to

promote entrepreneurship among the Scheduled Castes population in India.
“Entrepreneurship” relates to entrepreneurs managing businesses which are oriented towards
innovation and growth technologies. The spirit of the above mentioned fund is to support
those entrepreneurs who will create wealth and value for society and at the same time
promoting profitable business.

e) Stand up India Scheme

Stand-Up India Scheme for financing SC/ST and/or Women Entrepreneurs.

The objective of the Stand-Up India scheme is to facilitate bank loans between t 10 lakh and t
1 Crore to at least one Scheduled Caste (SC) or Scheduled Tribe (ST) borrower and at least
one woman borrower per bank branch for setting up a greenfield enterprise. This enterprise
may be in manufacturing, services or the trading sector. In case of non-individual enterprises
at least 51% of the shareholding and controlling stake should be held by either an SC/ST or
Woman entrepreneur.

Eligibility

• SC/ST and/or woman entrepreneurs, above 18 years of age.

• Loans under the scheme is available for only green field project. Green field signifies, in
this context, the first time venture of the beneficiary in the manufacturing or services or
trading sector
• In case of non-individual enterprises 51% of the shareholding and controlling stake should
be held by either SC/ST and/or Women Entrepreneur
• Borrower should not be in default to any bank/financial institution.

Schemes for Social development

a) PradhanMantriAdarsh Gram Yojana

The Centrally Sponsored Scheme ‘PradhanMantriAdarsh Gram Yojana’ (PMAGY) is being
implemented for integrated development of Scheduled Castes (SC) majority villages having
SC Population concentration > 50%. Initially the scheme was launched on Pilot basis in 1000
villages in 5 States viz. Assam, Bihar, Himachal Pradesh, Rajasthan and Tamil Nadu. The
Scheme was further revised on 22.01.2015 with expansion to another 1500 SC majority
villages distributed in Assam, Uttar Pradesh, West Bengal, Madhya Pradesh, Karnataka,
Punjab, Uttarakhand, Odisha, Jharkhand, Chhattisgarh, Andhra Pradesh, Telangana and
Haryana.

The principal objective of the Scheme is integrated development of SC Majority Villages:

• Primarily through convergent implementation of the relevant Central and State Schemes;
• By providing these villages Central Assistance in form of gap-filling funds to the extent of
Rs.20.00 lakh per village, to be increased by another 5 lakh if State make a matching
contribution.
• By providing gap-filling component to take up activities which do not get covered under the
existing Central and State Government Schemes are to be taken up under the component of
‘gap filling’.

b) Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989

Article 17 of the Constitution of India has abolished ‘untouchability’, and forbidden its
practice in any form. Enforcement of any disability arising out of ‘untouchability, is an
offence in accordance with provisions of the Protection of Civil Rights {PCR}Act, 1955,
which is an Act of Parliament. Likewise, the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) {PoA} Act, 1989, another Act of Parliament which also falls
within the provisions of Article 17 and 35(a) (ii) of the Constitution, was enacted for
preventing atrocities against members of Scheduled Castes and Scheduled Tribes, to provide
for Special Courts for the trial of such offences as well as relief and rehabilitation of the
victims of atrocities. These two Acts are implemented by the concerned State
Governments/Union Territory Administrations.

As the PCR and PoA Acts are implemented by the respective State Governments and Union
Territory Administrations, with a view to ensure its effective implementation, Central
assistance is provided to them under the Centrally Sponsored Scheme for implementation of
the PCR and PoA Acts, mainly for following purposes:-

• Functioning and strengthening of the Scheduled Castes and Scheduled Tribes Protection
Cell and Special Police Stations.
• Setting up and functioning of exclusive Special Courts.
• Relief and Rehabilitation of atrocity victims.
• Incentive for Inter-Caste Marriages.
• Awareness generation.

The funding pattern of the Scheme is such that, over and above the committed liability of
respective State Governments, the expenditure is shared between Centre and States on 50:50
basis and Union Territories receive 100% Central assistance, on the basis of their specific
proposals in a prescribed performa for a financial year.