ARMY INSTITUTE OF LAW, MOHALI

PROJECT ON “Structure of Panchayati Raj Institutions in India”

Project Submission in the Partial Fulfillment of Periodic Evaluation of Local Law.

Submission To: Submitted By:

Dr BHUPINDER KAUR PRASHANT JHAJHARIA

FACULTY: 10th SEMESTER B.A. LL.B.

LOCAL LAW ROLL NO: - 1733

This project consumed a huge amount of work, research and dedication. I would like to express
my deepest appreciation to all those who provided me with the possibility to complete this
project work.

Sincere gratitude to our Professor, whose superior knowledge and contribution in stimulating
suggestions helped me to coordinate my full effort in achieving the project.

Furthermore, I would also like to acknowledge with much appreciation the crucial role of
management of Army Institute of Law, who gave the permission to use all required equipment
and necessary material to complete this task of research.
INTRODUCTION

“If we would see our dream of Panchayat Raj, i.e., true democracy realized, we would
regard the humblest and lowest Indian as being equally the ruler of India with the tallest in
the land.”
- Mahatma Gandhi

Panchayati Raj is a system of rural local self-government (Local Self Government is the
management of local affairs by such local bodies who have been elected by the local
people) in India.

It has been established in all the states of India by the acts of the state legislature to build
democracy at the grass root level. It is entrusted with rural development and was
constitutionalized through the 73rd Constitutional Amendment Act of 1992. Panchayats have
been mandated for economic development, strengthening social justice and implementation of
central and state government schemes. 1

In its present form and structure Panchayati Raj Institutions has completed 30 years of existence.
However, a lot remains to be done in order to further decentralization and strengthen democracy
at the grass root level. 2

EVOLUTION OF PANCHAYATI RAJ INSTITUTIONS

The Panchayati system in India is not purely a post-independence phenomenon. In fact, the
dominant political institution in rural India has been the village panchayat for centuries. In
ancient India, panchayats were usually elected councils with executive and judicial powers.
Foreign domination, especially Mughal and British, and the natural and forced socio-economic

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Panchayati Raj Institution: Evolution, Features, Composition, Powers, Functions, Available at:
https://www.civilsdaily.com/panchayati-raj-institution-evolution-features-composition-powers-functions/ (Visited
on 17th March 2022)
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Panchayati Raj Institutions, Available at: https://www.drishtiias.com/important-institutions/drishti-specials-
important-institutions-national-institutions/panchayati-raj-institution-pri (Visited on 17th March 2022)
changes had undermined the importance of the village panchayats. In the pre-independence
period, however, the panchayats were instruments for the dominance of the upper castes over the
rest of the village, which furthered the divide based on either the socio-economic status or the
caste hierarchy.

The evolution of the Panchayati Raj System, however, got a fillip after the attainment of
independence after the drafting of the Constitution. The Constitution of India in Article 40
enjoined: “The 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”.

There were a number of committees appointed by the Government of India to study the
implementation of self-government at the rural level and also recommend steps in achieving this
goal. 3

The committees appointed are as follows:

 Balwant Rai Mehta Committee

 Ashok Mehta Committee

 G V K Rao Committee

 L M Singhvi Committee

Balwant Rai Mehta Committee & Panchayati Raj

The committee was appointed in 1957, to examine and suggest measures for better working of
the Community Development Programme and the National Extension Service. The committee
suggested the establishment of a democratic decentralised local government which came to be
known as the Panchayati Raj.

Recommendations by the Committee4:

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Panchayati Raj: 73rd Constitutional Amendment Act, Available at: https://byjus.com/free-ias-prep/panchayati-raj/
(Visited on 17th March 2022)
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Panchayati Raj Institution: Evolution, Features, Composition, Powers, Functions, Available at:
https://www.civilsdaily.com/panchayati-raj-institution-evolution-features-composition-powers-functions/ (Visited
on 18th March 2022)
  Three-tier Panchayati Raj system: Gram Panchayat, Panchayat Samiti and Zila Parishad.

 Directly elected representatives to constitute the gram panchayat and indirectly elected
representatives to constitute the Panchayat Samiti and Zila Parishad.

 Planning and development are the primary objectives of the Panchayati Raj system.

 Panchayat Samiti should be the executive body and Zila Parishad will act as the advisory
and supervisory body.

 District Collector to be made the chairman of the Zila Parishad.

 It also requested for provisioning resources so as to help them discharge their duties and
responsibilities.

The Balwant Rai Mehta Committee further revitalised the development of panchayats in the
country, the report recommended that the Panchayati Raj institutions can play a substantial role
in community development programmes throughout the country. The objective of the Panchayats
thus was the democratic decentralisation through the effective participation of locals with the
help of well-planned programmes. Even the then Prime Minister of India, Pandit Jawaharlal
Nehru, defended the panchayat system by saying, “. . . authority and power must be given to the
people in the villages …. Let us give power to the panchayats.”

Ashok Mehta Committee & Panchayati Raj

The committee was appointed in 1977 to suggest measures to revive and strengthen the declining
Panchayati Raj system in India.

The key recommendations are 5:

 The three-tier system should be replaced with a two-tier system: Zila Parishad (district
level) and the Mandal Panchayat (a group of villages).

 District level as the first level of supervision after the state level.

 Zila Parishad should be the executive body and responsible for planning at the district
level.

5
Ibid
  The institutions (Zila Parishad and the Mandal Panchayat) to have compulsory taxation
powers to mobilize their own financial resources.

G V K Rao Committee & Panchayati Raj

The committee was appointed by the planning commission in 1985. It recognised that
development was not seen at the grassroot level due to bureaucratisation resulting in Panchayat
Raj institutions being addressed as ‘grass without roots’. Hence, it made some key
recommendations which are as follows6:

 Zila Parishad to be the most important body in the scheme of democratic decentralisation.
Zila Parishad to be the principal body to manage the developmental programmes at the
district level.

 The district and the lower levels of the Panchayati Raj system to be assigned with
specific planning, implementation and monitoring of the rural developmental
programmes.

 Post of District Development Commissioner to be created. He will be the chief executive

 Elections to the levels of Panchayati Raj systems should be held regularly.

L M Singhvi Committee & Panchayati Raj

The committee was appointed by the Government of India in 1986 with the main objective to
recommend steps to revitalise the Panchayati Raj systems for democracy and development. The
following recommendations were made by the committee7:

 The committee recommended that the Panchayati Raj systems should be constitutionally
recognised. It also recommended constitutional provisions to recognise free and fair
elections for the Panchayati Raj systems.

 The committee recommended reorganisation of villages to make the gram panchayat

 Judicial tribunals to be set up in each state to adjudicate matters relating to the elections
to the Panchayati Raj institutions and other matters relating to their functioning.

All these things further the argument that panchayats can be very effective in identifying and
solving local problems, involve the people in the villages in the developmental activities,
improve the communication between different levels at which politics operates, develop
leadership skills and in short help the basic development in the states without making too many
structural changes. Rajasthan and Andhra Pradesh were the first to adopt Panchayati raj in 1959,
other states followed them later.

Though there are variations among states, there are some features that are common. In most of
the states, for example, a three-tier structure including panchayats at the village level, panchayat
samitis at the block level and the zila parishads at the district level-has been institutionalized.
Due to the sustained effort of the civil society organisations, intellectuals and progressive
political leaders, the Parliament passed two amendments to the Constitution – the
73rd Constitution Amendment for rural local bodies (panchayats) and the 74th Constitution
Amendment for urban local bodies (municipalities) making them ‘institutions of self-
government’. Within a year all the states passed their own acts in conformity to the amended
constitutional provisions.

FEATURES OF 73rd CONSTITUTIONAL AMENDMENT ACT 1992

The 73rd Amendment to the Constitution enacted in 1992 added a new part-IX to the
Constitution. It also added a new XI schedule containing list of 29 functional items for
Panchayats and made statutory provisions for the establishment, empowerment and functioning
of Panchayati Raj institutions. Some provisions of this amendment are binding on the States,
while others have been left to be decided by respective State Legislatures at their discretion. The
salient features of this amendment are as follows 8:

1. Organization of Gram Sabhas;

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Panchayati Raj Institution: Evolution, Features, Composition, Powers, Functions, Available at:
https://www.civilsdaily.com/panchayati-raj-institution-evolution-features-composition-powers-functions/ (Visited
on 19th March 2022)
 2. Creation of a three-tier Panchayati Raj Structure at the District (Zila), Block and
Village levels;
3. Almost all posts, at all levels to be filled by direct elections;
4. Minimum age for contesting elections to the Panchayati Raj institutions be twenty one
years;
5. The post of Chairman at the District and Block levels should be filled by indirect
election;
6. There should be reservation of seats for Scheduled Castes/ Scheduled Tribes in
Panchayats, in proportion to their population, and for women in Panchayats up to one-
third seats;
7. State Election Commission to be set up in each State to conduct elections to Panchayati
Raj institutions;
8. The tenure of Panchayati Raj institutions is five years, if dissolved earlier, fresh
elections to be held within six months; and
9. A State Finance Commission is to be set up in each State every five years.

Some of the provisions, which are not binding on the States, but are only guidelines 9:

1. Giving representation to the members of the Central and State legislatures in these
bodies;
2. Providing reservation for backward classes; and
3. The Panchayati Raj institutions should be given financial powers in relation to taxes; levy
fees etc. and efforts shall be made to make Panchayats autonomous bodies.

STRUCTURE OF PANCHAYATI RAJ INSTITUTIONS IN INDIA

Gram Sabha10

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on 19th March 2022)
The constitution (73rd Amendment) Act gives constitutional status to the Gram Sabha. Gram
Sabha means a body consisting of persons registered in the electoral rolls relating to a village
comprised within the area of Gram Panchayat.

Gram Sabha may exercise such powers and performs such functions at the village level as the
Legislature of a state may by law provide. Thus, all villagers above the age of 18 years have an
inherent right to determine their own destiny. Gram Sabha is the forum where the marginalized
poor can influence decisions affecting their lives.

There are some basic functions of Gram Sabha:

1. The Gram Sabha has a key role in bringing about transparency in the functioning of the
Gram Panchayats.
2. In ensuring equitable distribution of benefits.
3. In creation of community assets where these are needed and in bringing about social
cohesion.
4. Gram Sabhas shall plan and priorities development works to be taken up in the village.
5. Approve the annual plan for the Gram Panchayat.
6. Seek active participation of women, scheduled castes and scheduled tribes.
7. Exercise the right to check the accounts of the Gram Panchayat.
8. Select beneficiaries under various schemes of the Central Government undertaken for
rural development and move towards full control over management of natural resources.

So the Grain Sabha is the primary body to which the Gram panchayat owes responsibility. The
Gram Panchayat must present budget, accounts of the previous year and annual administrative
report before the Gram Sabha.

Gram Panchayat11

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It is the first tier of Panchayati Raj system. It is the executive body of Gram Sabha. The size and
term of Gram Panchayat varies from state to state. The Assam Act provides for the smallest
number (1 to 15), whereas Andhra Pradesh and Orissa have provision for larger bodies (15 to 17)
and (11 to 25) respectively.

The term of office is three years in Arunachal Pradesh, Rajasthan, and Delhi, four years in
Tripura, Andaman and Nicober Islands and Assam, five years in Andhra Pradesh, Tamilnadu,
Madhya Pradesh, Uttar Pradesh, Karnataka, Orissa, Punjab, Haryana and other states.

Functions of Gram Panchayat

Panchayats have both obligatory and discretionary functions:

 Obligatory function.
 Discretionary function.

The experience shows that panchayats have been charged with too many functions and their
resources are not adequate even to perform the mandatory functions effectively. The Balwant rai
Mehta Committee did not recommend provision for statutory committees in the panchayats.

However, there are provisions for the constitution of committees of village panchayats, in several
states. For example, Andhra Pradesh provides for four committees of village panchayats, Gujarat
and Karnataka three obligatory committees, Madhya Pradesh seven committees, Rajasthan one
committee and UP provides for four committees. In Tamilnadu there is no provision for the
formation of committees of the panchayats.

Panchayats have two-fold functions- civic and developmental. Civic functions include sanitation,
conservancy, water supply, construction and maintenance of roads, lighting, maintenance of
burial grounds, primary education etc. In addition, the panchayat also acts as the agent of the
panchayat samiti in executing schemes of development at the village level.
Panchayat Samiti12

This is the second tier of the Panchayati Raj. The Balwant rai Mehta Committee report envisaged
the Samiti as a single representative and vigorous democratic institution to take charge of all
aspects of development in rural areas.

Since the Samitis correspond geographically to the Community Development blocks, there is a
good deal of convergence with regard to their functions. The Panchayat Samitis perform most of
the functions related to planning and development. Their nomenclature differs from state to state.
The area of operation of the Panchayat Samiti is usually the same as that of the development
block. In some states, however the samiti is at the tehsil level (which covers a much wider
geographical area and more villages) while in some other states it is at the taluk level. The
average population under a Samiti is about 80,000 but the range is from 35,000 to 1, 00,000.

For the composition of the Samiti, the Balwant rai Mehta Committee recommended a system of
indirect elections. The Sarpanchs of the Panchayat were to be ex-officio members of the samiti,
which was also to co-opt some members from scheduled castes, scheduled tribes and women.

The MLAs and MPs from the area were to be associate members. However, the pattern differs
from state to state. In most states, the members are not directly elected and the bulk of the
members are ex-officio. The president of the Panchayat Samiti is the chairman, who is elected by
an electoral college consisting of all members of the panchayat samiti and all the panchas of the
Gram Panchayat falling within the areas. Besides the chairman, the vice-chairman is also
elected.13

The chairman 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.

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https://www.civilsdaily.com/panchayati-raj-institution-evolution-features-composition-powers-functions/ (Visited
on 19th March 2022)
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3-Tier Structure of Panchayati Raj, Available at: https://www.yourarticlelibrary.com/panchayati-raj-2/3-tier-
structure-of-panchayati-raj/66692 (Visited on 19th March 2022)
He exercises administrative control over the Block Development Officer and his staff. He is a
member of the zilla parishad by virtue of his office as a chairman. He is the ex-officio chairman
of the standing committees of the samiti. The mode of election of the chairman is indirect in
almost all the states except Andhra Pradesh and Tamil Nadu.

Zilla Parishad14

At the topmost tier, i.e. the District Level is the Zilla Parishad which is primarily a coordinating
body supervising the activities of the Panchayats and Panchayat Samiti. There is no uniformity
regarding the functions of the Zilla Parishad. In states like Rajasthan, Tamil Nadu, Assam mid
Orissa, the Zilla Parishad is an advisory, supervisory and a coordinating body. It advises the
government on development schemes and distributes the funds among the samitis.

The Zilla Parishad has no executive function to perform in these states. In Bihar, Andhra
Pradesh, Gujarat and West Bengal, besides advisory, supervisory and coordinating functions, it
performs several executive functions as well. In Maharashtra and Gujarat, the Zilla Parishad is
the strongest body in the Panchayati Raj structure and is vested with executive functions.

The nomenclature of the District Level Panchayati Raj body is not the same everywhere. In
states like Andhra Pradesh, Bihar, Maharashtra, Orissa, Punjab, Rajasthan and UP it is called
Zilla Parishad. It is called District Development Council in Tamil Nadu, Mohukma Parishad in
Assam and District Panchayat in Gujarat.

Functions of Zilla Parishad15:

 Zila Parishad links Panchayat Samitis within the district.

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3-Tier Structure of Panchayati Raj, Available at: https://www.yourarticlelibrary.com/panchayati-raj-2/3-tier-
structure-of-panchayati-raj/66692 (Visited on 19th March 2022)
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Panchayati Raj Institution: Evolution, Features, Composition, Powers, Functions, Available at:
https://www.civilsdaily.com/panchayati-raj-institution-evolution-features-composition-powers-functions/ (Visited
on 19th March 2022)
  Zila Parishad looks after development works in the entire district.
 It undertakes schemes to improve agricultural production, exploit ground water resources,
extend rural electrification and distribution and initiate employment generating activities,
construct roads and other public works.
 It also performs welfare functions like relief during natural calamities and scarcity, the
establishment of orphanages and poor homes, night shelters, the welfare of women and
children, etc.
 In addition, Zila Parishads perform functions entrusted to them under the Central and
State Government sponsored programmes. For example, Jawahar Rozgar Yojna is a big
centrally sponsored scheme for which money is directly given to the districts to undertake
employment-generating activities.

WAY FORWARD16

 The need of the hour is to bring about a holistic change in the lives of beneficiaries
among the villagers by uplifting their socioeconomic and health status through effective
linkages through community, governmental and other developmental agencies.
 Government should take remedial action in the interest of democracy, social inclusion
and cooperative federalism.
 People’s demands for the sustainable decentralisation and advocacy should focus on a
decentralisation agenda. The framework needs to be evolved to accommodate the
demand for decentralisation.
 It is important to have clarity in the assignment of functions and the local
governments should have clear and independent sources of finance.

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important-institutions-national-institutions/panchayati-raj-institution-pri (Visited on 20th March 2022)
CONCLUSION

As a result of constitutional steps taken by the union and state governments, India has moved
towards what has been described as ‘multi-level federalism’, and more significantly, it has
widened the democratic base of the Indian polity. Before the amendments, the Indian democratic
structure through elected representatives was restricted to the two houses of Parliament, state
assemblies and certain union territories. The system has brought governance and issue redressal
to the grassroot levels in the country but there are other issues too. These issues, if addressed,
will go a long way in creating an environment where some of the basic human rights are
respected.

After the new generation of panchayats had started functioning, several issues have come to the
fore, which have a bearing on human rights. The important factor which has contributed to the
human rights situation vis-a-vis the panchayat system is the nature of Indian society, which of
course determines the nature of the state. Indian society is known for its inequality, social
hierarchy and the rich and poor divide. The social hierarchy is the result of the caste system,
which is unique to India. Therefore, caste and class are the two factors, which deserve attention
in this context.

Thus, the local governance system has challenged the age old practices of hierarchy in the rural
areas of the country particularly those related to caste, religion and discrimination against
women.