Definitions under 73rd and 74th Constitutional Amendment Acts (CAA):
- Panchayat – Institution of self-government for rural areas.
- Village – Defined by Governor through public notification (may include a group of villages).
- Intermediate Level – Level between village and district, specified by Governor.
- Transitional Area – Specified by Governor based on:
- Population
- Population Density
- Revenue generated for local administration
- Percentage of employment in non-agricultural activities
- Metropolitan Area –
- Population above 10 lakh
- Comprises one or more districts, consisting of two or more municipalities or panchayats
Key Committees on Panchayati Raj
| Committee | Year | Focus Area | Key Recommendations |
|---|---|---|---|
| Balwant Rai Mehta Committee | 1957 | Community Development Program & National Extension Service | – Three-tier system: Direct elections at village level, indirect at other levels. – Panchayat Samiti as the executive body. – Collector as Chairperson of Zila Parishad. |
| Ashok Mehta Committee | 1977 | Panchayati Raj Institutions (PRI) | – Two-tier system: Zila Parishad & Mandal Panchayat. – District as the primary unit of decentralization. – Zila Parishad as the executive body. – Political party involvement. – Constitutional status & Reservation for SC/ST. |
| GVK Rao Committee | 1985 | Administrative structure for rural development & poverty alleviation | – District as the unit of planning. – Zila Parishad as the pivotal body. – District Development Commissioner (CEO of Zila Parishad). |
| L.M. Singhvi Committee | 1986 | Revitalization of PRI for democracy & development | – Constitutional recognition for Panchayati Raj. – Importance of Gram Sabha. |
| Thungon Committee | 1988 | Political & Administrative structure at the district level | – Constitutional recognition + State Finance Commission (SFC). – Three-tier system with Zila Parishad as the pivot. – Reservation for women. |
| Gadgil Committee | 1988 | Strengthening Panchayati Raj Institutions (PRI) | – How to make PRI more effective. |
Key Provisions under the 73rd Constitutional Amendment Act (CAA), 1992
- Though the 73rd Amendment Act brought uniformity, states with a population < 20 lakh may NOT constitute a panchayat at the intermediate level.
- State Legislature has the power to make provisions regarding ALL matters of elections to Panchayats.
- Disqualification of Members:
- Disqualified under any law in force for State Legislature elections or any law made by the state.
- Disqualification disputes are referred to the authority determined by the State Legislature.
- Bar on Court Interference:
- Election petitions must be filed with an authority determined by the State Legislature.
Reservation in Panchayati Raj Institutions (PRI)
| Level | SC/ST Reservation | SC/ST Women Reservation | Women Reservation |
|---|---|---|---|
| All Three Levels | Seats reserved in proportion to the population in the panchayat area. | 1/3rd of the above reserved for SC/ST women. | 1/3rd of total seats (including SC/ST women) reserved. |
| Chairperson | As determined by State Legislature. |
Audit & Application
- Audit of Accounts – As per State Legislature provisions.
- Application to UTs – As directed by the President (applicable to all except Delhi).
Exempted Areas
| Exempted from | Areas |
|---|---|
| Panchayati Raj System | J&K, Nagaland, Meghalaya, Mizoram, 5th & 6th Schedule areas, Hill areas of Manipur, Delhi |
| Reservation for SCs | Arunachal Pradesh |
| Panchayats at District Level | Darjeeling District (West Bengal) |
Compulsory vs. Voluntary Provisions
| Compulsory Provisions | Voluntary Provisions |
|---|---|
| Three-tier structure | Representation for MPs and MLAs (both houses) |
| Direct elections to ALL seats at ALL levels | Granting power & authority to Panchayats (Article 40) |
| Indirect election for Chairpersons at Intermediate & District levels | Devolution of powers & responsibilities |
| Method of Chairperson election at the Panchayat level | Granting financial powers |
PESA Act, 1996 (For 5th Schedule Areas Only)
- NOT applicable to 6th Schedule areas.
- Reservation:
- Seats for any community proportional to the population.
- At least half of total seats reserved for STs.
- ALL Chairperson positions at ALL levels reserved for STs.
- State Government (NOT Governor) may nominate unrepresented tribes at Intermediate & District levels (not exceeding 1/10th of total elected members).
Gram Sabha Powers
- Consultation for:
- Land acquisition
- Granting licenses/mining leases for minor minerals
- Granting concessions for exploitation of minor minerals by auction
- Direct Powers:
- Enforce prohibition
- Ownership of Minor Forest Produce (MFP)
- Prevent land alienation
- Control over village markets & money lending
Panchayat Secretary
- In-charge of the Panchayat Office (under direct supervision of Sarpanch).
- Duties:
- Preparation of Budget & Annual Report.
- Maintain all records and Grant-in-aid register.
- Allot duties to staff.
- Inspect worksites to assess progress.
MUNICIPALITIES
Governance by Three Ministries:
- Ministry of Urban Development (MoUD)
- Ministry of Defence (MoD) – for Cantonment Boards
- Ministry of Home Affairs (MoHA) – for Union Territories
74th Constitutional Amendment Act, 1992
- Introduced three types of municipalities (not eight):
- Nagar Panchayat – for transitional areas
- Municipal Council – for smaller urban areas
- Municipal Corporation – for larger urban areas
- All members are directly elected (municipal area divided into wards).
- Ward Committees – in municipalities with population >3 lakh.
- Chairperson Election – as determined by State Legislature.
Representation in Municipalities
- State Legislature may provide representation for:
- Persons with expertise in municipal administration (without voting rights).
- LS or State Assembly members.
- RS or Legislative Council members registered as voters in the municipal area.
- Chairpersons of municipal committees (except ward committees).
- Reservation of Seats:
- SC/ST (as per proportion in the population).
- 1/3rd seats reserved for women (including SC/ST women).
- Reservation for Chairperson:
- As determined by State Legislature.
Finances & Exemptions
- State Legislature assigns financial powers to municipalities.
- Exempted Areas:
- 5th & 6th Schedule areas.
- Darjeeling Gorkha Hill Council (West Bengal).
Planning Committees
| Committee | Article | Purpose | Composition |
|---|---|---|---|
| District Planning Committee (DPC) | Article 243ZD | Consolidate plans from Panchayats & Municipalities, draft district development plan | 4/5th elected by Panchayat & Municipality members, rest as per State Legislature. Chairperson forwards plan to State Govt. |
| Metropolitan Planning Committee (MPC) | Article 243ZE | Prepare draft development plan for metropolitan areas | 2/3rd elected by Municipality members & Panchayat Chairpersons in the metro area. |
Central Council of Local Government
- Established under Article 263 in 1954 by Presidential Order.
- Before 1958 – dealt with both urban & rural local bodies.
- After 1958 – focused only on urban local bodies.
- Chairperson: Minister of Urban Development.
- Members: Ministers of Local Self-Government (LSG) of States.
Key Notes
- No Urban Local Body (ULB) in Arunachal Pradesh.
- 11th Schedule (Added by 73rd Amendment): Powers of Panchayati Raj Institutions.
- 12th Schedule (Added by 74th Amendment): Powers of Municipalities.
