4.

2: LOCAL GOVERNMENT – PANCHAYATS – POWERS AND

FUNCTIONS; 73rd AND 74th AMENDMENTS

A democratic polity is the one which seeks to involve all the people including those
at the local level in the administration of local areas. This administration at the local
level by the local representatives is known as the local government. It is often
referred to as 'decentralisation of power' or 'grass root democracy'. In modern states
there is a great necessity to reduce the burden of the central and state governments.
So, local self governments are usually established to make democracy more
effective. Local self-governing institutions play a very important role in solving the
local problems of the people. They provide the foundation on which the democratic
structure of our country stands. That is, it is through these institutions that the
citizens of our country get training and experience necessary for running higher
democratic or representative institutions like the State Legislature and the Union
Parliament.

Definition:
• Prof. Harris: “Local self-government is a system under which the people of
that locality possess a certain responsibility and discretion of local public
affairs and raising their funds to meet their expenses”.
• William A. Robson: “Local self government is a territorial non-sovereign
community possessing the legal right and the necessary organisation to
regulate its own affairs”
• J.J. Clarke: “Local self government is that part of the government of a nation
or state which deals mainly with such matters as concerning the inhabitants of
a particular district or place”.
From the above definitions, we can conclude that;
1. Local self government is the government of local bodies. E.g. Panchayat,
District Boards, Municipalities, Corporations, etc.
2. Local governments are composed of representatives elected by the people of
that area.
3. Local governments are assigned the responsibilities of looking after the
welfare of the local area.
4. Local governments are usually subordinate to the central and state
governments.
5. The powers are delegated to them by the national or state government. But
they may be given the autonomy to carry on their work independently.
Thus local-self governments are those bodies which have been set up by the central
or state government and render officially public services like water supply, drainage,
public roads, lighting, etc. These functions are considered as relating to the daily
needs of the local people.

Types of Local-Self Governing Institution:

There are two types of Local-Self Governing Institutions. They are:
1. Rural Local-Self Governing Institutions
2. Urban Local-Self Governing Institutions

Rural Local-Self Governing Institutions or Panchayat Raj Institutions

‘Panchayat’ literally means a committee of five elderly experienced persons who

look after the affairs of the village. Therefore Panchayat Raj Institutions are Rural
Local-Self Governing Institutions.

After Independence - Balwantrai Mehta Committee – 1957:

After independence, the idea of local self government was incorporated into the
Directive Principles of State Policy. As a result, Article 40 stated that, "The state
shall take steps to organise village panchayats and endow them with such powers as
may be necessary to enable them to function as the units of self-government". In
order to implement this Article the central government appointed the Balwantrai
Mehta Committee in 1957 which recommended a three-tier structure of the
Panchayat Raj, namely,
1. Village Panchayat at the village level.
2. Panchayat Samithi at the intermediate or block level.
3. Zilla Parishad at district level.
The recommendations of this committee were implemented by many states. The first
state government to have implemented these recommendations was Rajasthan. The
Karnataka government executed them in 1959.

Ashok Mehta Committee – 1978:

Unfortunately, the growth of rural local self-government did not take place in the
desired way. So, the Ashok Metha Committee (1978) was set up to review the
working of the rural local self-government. The Ashok Metha, Committee stressed
the need for spreading democracy at grass root level, and suggested the creation of
two-tier system of Panchayat Raj, namely, Zilla Parishad at district level and Mandal
Panchayat as administrative unit between village panchayat and panchayat samithis.
However even the Ashok Mehta Committee failed in getting its recommendations
implemented throughout India.

Constitutional Sanction:
Due to the failure of the above two committees in achieving the desired results, the
Rajiv Gandhi Government introduced the 64th and the 65th Constitution
Amendment Bills in the Lok Sabha in 1991 for the development of Panchayat Raj.
These two Amendment Bills, though passed by the Lok Sabha, could not be adopted
in the Rajya Sabha. As a result, the effort of the Government of Rajiv Gandhi to
develop Panchayat Raj failed.

73RD AND 74TH CONSTITUTIONAL AMENDMENTS

The government of P.V. Narasimha Rao took up the matter once again with the
same motive. Thus the 73rd and 74th Constitutional Amendments were passed
by the Parliament in December, 1992.
The 73rd Amendment Act was placed in Part IX of the constitution. It contains
Articles 243 to 243-O. This provides for the establishment of local self
government at three levels:
a) The village level
b) The District Panchayat at the District level and
c) The intermediate Panchayat which stands between the village and district
levels in the states which have the population of more than 20 lakhs.
The 74th Amendment Act was included in Part IX A which deals with the urban
local - self governments. It contains Articles 243 P – 243 ZG. It brought the
Municipality system to urban India. It gives provisions for establishing three
types of municipalities in every state:
a) Nagar panchayat
b) Municipal council
c) Municipal corporation.

Through these amendments local self-governance was introduced in rural and

urban India. The Acts came into force as the 73rd Amendment Act 1992 on
April 24, 1993 and the 74th Amendment Act 1992 on June 1, 1993. These
amendments added two new parts to the Constitution, namely, 73rd
Amendment added Part IX titled “The Panchayats” and 74th Amendment
added Part IXA titled “The Municipalities”.

Features of 73rd and 74th Amendments:

The 73rd and 74th amendments have brought uniformity in the establishment of
Panchayat Raj and also the Urban Local-Self Government. Following are some of
the innovative features added by the 73rd and 74th amendment:
 1. Basic units of democratic system- Gram Sabhas (villages) and Ward
Committees (Municipalities) comprising all the adult members registered as
voters.
2. Seats at all levels to be filled by direct elections.
3. Independent Election Commission in each State for superintendence,
direction and control of the electoral rolls. (In other words Local body
elections are to be conducted by the State Election Commission.)
4. There is a provision of reservation of seats for SCs and STs at every level of
Panchayat. 1/3rd of the seats are to be reserved for SCs and STs in proportion
to their population at each level. Out of the total number of seats to be filled
by the direct elections, 1/3rd have to be reserved for women.
5. A clear term for 5 years has been provided for the Panchayats and elections
must take place before the expiry of the terms. However, the Panchayat may
be dissolved earlier on specific grounds in accordance with the state
legislations. In that case the elections must take place before expiry of 6
months of the dissolution.
6. Establish a Finance Commission in each State to determine the principles on
the basis of which adequate financial resources would be ensured for
panchayats and municipalities. (In other words, A State Finance Commission
is to be set up by each state every five years to review the finances of the local
bodies.)
7. 74th Amendment provides for a District Planning Committee to consolidate
the plans prepared by Panchayats and Municipalities.
8. The XI Schedule details the items over which Panchayat institutions have their
jurisdiction whereas the XII Schedule contains subjects over which the Urban
Self Government Institutions have their power. These two Schedules were
added by 73rd and 74th amendment.
Since the passage of the 73rd and 74th amendment of the Indian constitution,
the following three tier rural local self government system has been adopted.
They are as follows:
1. Gram Panchayat [at the Village level]
2. Taluk Panchayat [at the Taluk level]
3. Zilla Panchayat [at the District level]

GRAM PANCHAYAT
As per the Panchayat Act of 1993, Gram Panchayat is the primary of the three tier
system. A village or group of villages having a population of not less than 5000 but
not more than 7000 is called the Gram Panchayat.
Organisation and Composition:
For a Gram Panchayat, the electorate will be the Grama Sabha. (Grama Sabha means
a body consisting of persons (i.e. adults) registered in the electoral rolls relating to a
village comprised within the area of the panchayat at the village level). The number
of members in Gram Panchayat is usually notified by the Deputy Commissioner
from time to time. Usually, the ratio is one representative each for a population of
400 is elected by the electorate of the Gram Panchayat. Seats have been reserved for
SCs and STs in proportion to their population. In each Gram panchayat, 15% seats
are reserved for scheduled castes and 3% for scheduled tribes, 1/3 rd for backward
classes and 1/3rd of seats in all categories are reserved for women. Seats reserved in
different constituencies in the Panchayat area are allotted on the basis of rotation.
All the members are directly elected.

Term of Office:
A Gram Panchayat is, generally, elected for a period of 5 years. Election to the Gram
panchayat is held on the basis of adult franchise through secret ballot under the
supervision of the election machinery set up by the State Government. However, the
governor of the state, on the advice of the council of ministers, can dissolve a Gram
panchayat or allow for its supersession. If a Gram panchayat is dissolved or
superseded before the expiry of its five year term, fresh election should be held
within six months.

Presiding Officer:
A Gram panchayat is headed by a President or Adyaksha elected from among the
members of the panchayat. The president is assisted by a Vice-President or
Upadyaksha elected from among the members of the Gram panchayat. Both these
presiding officers remain in office for a period of 30 months. They can be removed
from office by a vote of no confidence by majority of members.
The State Government appoints an officer as secretary to every Gram panchayat.
The Secretary being the administrative officer of Gram Panchayat can appoint the
necessary staff for the administration of Gram Panchayat with the consent of the
Chief Executive Officer. The other office-bearers of the Gram Panchayat may render
honorary services.
Sessions or Meetings:
Sessions of a Gram panchayat must be held at least once in two months. Special
sessions can be convened by the president. The quorum required is 1/3 of the total
number of members.

Powers and Functions

A Gram or Village Panchayat has the powers to perform all acts necessary for or
incidental to carrying on the functions entrusted to it by the Government. As per the
1993 Act, the Gram Panchayat performs all the functions enumerated in the 11th
Schedule of the Constitution. They are as follows:
1. Formation of annual development plan of the Panchayat area.
2. Formation of annual budget of the Gram Panchayat.
3. Collection and maintenance of necessary statistics relating to the Panchayat.
4. Providing relief during natural calamities.
5. Promotion of agriculture.
6. Promotion of animal husbandry, dairy and poultry.
7. Development of fisheries.
8. Social and farm forestry, minor forest produce, fuel and fodder.
9. Promotion of village and cottage industries.
10. Distribution of sites and houses.
11. Construction of drinking water wells, tanks and ponds and prevention of water
pollution.
12. Construction and maintenance of roads, buildings, bridges, ferries, waterways
and other means of communication.
13. Promotion of public awareness and implementation of poverty alleviation
programmes.
14. Encourage primary and higher education.
15. Support adult education and informal education.
16. Construction and maintenance of libraries and reading rooms.
17. Regulation of markets and fairs.
18. Strive for the welfare of women and children.
19. Strive for the welfare of weaker sections.
20. Preservation of public distribution system.
21. Maintenance of public garden and stadiums.
22. Maintenance of graveyards.
23. Health and sanitation, including hospitals, primary health centres and
dispensaries.
24. Strive and support the welfare of physically handicapped and specially-abled.
25. Maintenance of public parks, playgrounds, etc.
26. Establishment and control of shandies and so on. (Note: A shandy market is a
public gathering place for buying and selling of agricultural produce, livestock
and non-agricultural goods.)

TALUK PANCHAYAT
Taluk Panchayat is the middle tier in the panchayat system.
Organisation and Composition:
As per the 1993 Act, at least one member shall be elected for the population of
10,000 people. The Taluk Panchayat includes;
a) Elected members of Taluk Panchayat
b) Lok Sabha and Rajya Sabha members representing the taluk
c) Vidhan Sabha and Vidhan Parishad members in the Taluk
d) One-fifth of the presidents of the Gram panchayats of that taluk are also
nominated, by rotation, as members of the taluk panchayat for a period of one year.
All the above members of the taluk panchayat have the right to participate and vote
in the sessions of the taluk panchayat. In the Taluk panchayat, 15% seats are reserved
for scheduled castes and 3% for scheduled tribes, 1/3rd for backward classes and 1/3rd
of seats in all categories are reserved for women.

Term of Office:
The members of Taluk Panchayat are elected for a period of 5 years and submit their
resignation to the Chairman. They may be removed from office on grounds of
inefficiency and misbehaviour by the government on the recommendation of Taluk
Panchayat. All the members are elected directly through tuniversal adult franchise.
All eligible voters above 18 years elect the representatives.

Presiding Officer:
The meetings are presided over by the President and in his absence by the Vice-
President. These officers stay in office for a period of 20 months. In other words the
President or Adyaksha and Vice-President or Upadhyaksha of the taluk panchayat
are elected from amongst the elected members of the taluk panchayat.
An officer not below the rank of Assistant Commissioner of the state service is
appointed as the executive officer of the taluk panchayat by the state Government.
He executes and supervises the functions of the taluk panchayat with the help of
subordinate officers.

Meetings:
Taluk Panchayat must meet at least once in 2 months. 1/3 of the members form the
quorum. Special sessions can be called with a prior notice of 16 days to all members.

Powers and Functions

A Taluk Panchayat has the powers to perform all acts necessary for or incidental to
carrying on the functions entrusted to it by the Government. The Taluk Panchayat
performs all the functions enumerated in the 11th Schedule of the Constitution of
India. They are as follows:
 1. Preparation of annual budget of the Taluk and its submission within the
prescribed time to the Zilla Panchayat.
2. Implementation of the work assigned to it by the Government or the Zilla
Panchayat.
3. Submission of the plans regarding the schemes entrusted to it by the
Government or the Zilla Panchayat.
4. Providing relief in calamities.
5. Promotion of agriculture.
6. Land management, improvement and social conservation.
7. Maintenance of dairy, poultry and animal husbandry.
8. Development of fisheries.
9. Promotion of rural and cottage industries.
10. Prevention of water pollution and maintenance of rural water supply
schemes.
11. Construction and maintenance of roads, water ways and other means of
communication.
12. Implementation of housing schemes.
13. Implementation of poverty alleviation programmes.
14. Promotion of primary and secondary education.
15. Promotion of adult literacy programmes, social and cultural activities.
16. Regulating fairs and festivals.
17. Promotion of family welfare programmes, social welfare programmes and
programmes relating to development of women.
18. Promotion of the welfare people belonging to Scheduled Castes, Scheduled
Tribes and Other Weaker Sections.
19. Promotion of libraries, co-operative activities and rural electrification.
20. Implementation of public distribution system.

ZILLA PANCHAYAT
As per the Panchayat Raj Act of 1993 there shall be a Zilla Panchayat at the district
level, the number being determined by the population of the district.

Organisation and Composition:

The Zilla Panchayat includes;
1. Elected members of Zilla Panchayat
2. Lok Sabha and Rajya Sabha members elected from the district.
3. Members of Legislative Assembly and Legislative Council representing the
district
4. Taluk Panchayat Presidents.
One representative is to be elected for a population of 40,000 but this ratio varies. In
the Zilla panchayat, 15% seats are reserved for scheduled castes and 3% for
scheduled tribes, 1/3rd for backward classes and 1/3rd of seats in all categories are
reserved for women.

Term of Office:
Each member of the Zilla Panchayat is elected for a period of 5 years. The members
may submit their resignation to the Chairman. On the recommendation of Zilla
Panchayat, any member can be removed on grounds of inefficiency and misbehavior
by the government. All the members of the Zilla Panchayat are elected directly by
the voters above 18 years.

Presiding Officer:
The President or Adyaksha and Vice President or Upadhyaksha are elected from
among the members of the Zilla Panchayat. The President and Vice President hold
office for 30 months and can be removed from office by vote of no confidence by
majority of members. The President is the presiding officer of the Zilla Panchayat
and during his absence the Vice-President takes over.
The State Government appoints an officer not below the rank of Deputy
Commissioner of the District as the Chief Executive Officer of the Zilla Panchayat.
He supervises the functions of the Zilla Panchayat with the help of subordinate
officials.

Meetings:
Zilla Panchayat meetings are held at least once in two months. 1/3 of the total
members of the Zilla Panchayat constitute the quorum required to arrive at a
decision.

Powers and Functions

A Zilla Panchayat has the powers to perform all acts necessary for or incidental to
carrying on the functions entrusted or delegated to it by the Government. The Zilla
Panchayat performs all the functions enumerated in the 11th Schedule of the
Constitution of India. They are as follows:

General Functions: The general functions of the Zilla Panchayat include overall
supervision, co-ordination and integration of developmental schemes. These
functions also include the preparation of plans for the development of the district.
Other Functions:
1. Zilla Panchayat is concerned with the promotion and maintenance of agricultural
and horticultural farms and commercial farms.
2. Implementation of land improvement and soil conservation programmes.
3. Development of fisheries and irrigation works.
4. Promotion of rural and cottage industries.
5. Establishment and maintenance of public distribution system [PDS]
6. Electrification of rural areas.
7. Implementation of health and family welfare programmes, adult literacy
programmes.
8. Establishment and maintenance of primary and high schools.
9. Implementation of poverty alleviation programmes.
10. Such other functions as may be entrusted by the state government under
Panchayat Raj Act.

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