Ch 10 - Decentralization and Panchayati Raj

Chapter 10: Decentralization and Panchayati Raj

Introduction for Student-Teachers:
Dear future teachers, true democracy doesn't just happen in big parliaments in Delhi or Chandigarh. It must live and breathe in our villages and towns. Panchayati Raj is the system that brings democracy to our doorsteps—it is self-government at the local level. When you teach children in Punjab's villages and towns, you are preparing future members of Gram Sabhas and Municipal Committees. Understanding how local governance works will help you connect classroom lessons on citizenship to the real decisions being made in their own communities.

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10.1 CONCEPT OF PANCHAYATI RAJ IN INDIA

What is Panchayati Raj?
Panchayati Raj literally means "rule by the village council." It is a system of local self-government where people in villages and towns manage their own affairs related to local development, welfare, and administration.

Historical & Constitutional Basis:

• Gandhi's Vision: Mahatma Gandhi called villages the "soul of India" and wanted "Gram Swaraj" (village self-rule) to be the foundation of independent India.
• Constitutional Directive: Article 40 of the Directive Principles of State Policy says: "The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government."
• Balwant Rai Mehta Committee (1957): Recommended the three-tier Panchayati Raj System we have today. It was first implemented in Rajasthan on October 2, 1959.

The Big Change: 73rd Constitutional Amendment Act, 1992
Before 1992, Panchayati Raj existed in some states but was weak, irregular, and dependent on the state government's will. The 73rd Amendment (effective from April 24, 1993) was a revolution. It:

1. Gave Panchayati Raj constitutional status.
2. Made it mandatory for all states to establish a uniform three-tier system.
3. Provided for regular elections, reservations for marginalized groups, and financial powers.

In Simple Words:
Think of your school. The Principal manages the whole school (like the State Government). But each class has a class monitor and the whole school has a student council to manage smaller, class-specific or school-wide activities. Panchayati Raj is like having a democratically elected student council for your village or town, with real power to fix local problems.

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10.2 PANCHAYATI RAJ ACCORDING TO THE 73RD CONSTITUTIONAL AMENDMENT

The 73rd Amendment added Part IX (Articles 243 to 243O) to the Constitution. It provides a detailed framework.

10.2.1 Salient Features of the 73rd Amendment

1. Three-Tier Structure:

• Gram Panchayat: At the village level.
• Panchayat Samiti: At the block level (intermediate).
• Zila Parishad: At the district level.
• States with less than 20 lakh population need not have the Panchayat Samiti (block level).

2. Gram Sabha – The Foundation:

• The Gram Sabha consists of all adult voters registered in the village. It is the permanent supreme body of the village.
• Functions: It approves plans, selects beneficiaries for schemes, monitors work, and discusses the village budget.
• Example: In a Punjab village, the Gram Sabha might decide where to install a new handpump, who should get a housing grant, or how to spend the village development fund.

3. Direct Elections & Fixed Tenure:

• All members are directly elected by the people for a fixed 5-year term.
• If a Panchayat is dissolved prematurely, elections must be held within 6 months.

4. Reservations for Social Justice:

• For SCs & STs: Seats are reserved in proportion to their population in the area.
• For Women: Not less than one-third (33%) of the total seats and chairperson positions are reserved for women. (Many states, including Punjab, have increased this to 50%).
• Reservation within Reservation: One-third of the seats reserved for SC/ST must be for women from those communities.
• These reserved seats are rotated in subsequent elections.

5. Independent State Election Commission:

• Each state has an SEC to conduct and supervise Panchayat elections, ensuring they are free and fair.

6. State Finance Commission (SFC):

• Appointed every 5 years to review the financial health of Panchayats and recommend how state funds should be shared with them.

7. Powers & Responsibilities:

• The Eleventh Schedule of the Constitution lists 29 subjects that can be devolved to Panchayats. These include:
• Agriculture, land improvement, minor irrigation.
• Drinking water, rural housing, roads.
• Primary education, adult education, health & sanitation.
• Poverty alleviation programs, public distribution system (ration shops).
• Note: It is up to the State Legislature to actually transfer these powers and funds. This is where the system often faces challenges.

8. Exemptions:

• The Act does not automatically apply to:
• Scheduled Areas (tribal areas in many states).
• The states of Nagaland, Meghalaya, and Mizoram.
• Hill areas of Manipur and Darjeeling (West Bengal).

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10.2.2 Importance of Panchayati Raj

1. Deepens Democracy: It takes democracy to the grassroots, giving people real power over decisions that affect their daily lives.
2. Empowers Marginalized Sections: Reservation ensures that women, SCs, and STs get a direct share in political power. Countless women Sarpanches have transformed village governance.
3. Ensures Participatory Development: Locals know their needs best. Panchayats help plan and implement schemes like MGNREGA, toilet construction (Swachh Bharat), and water conservation more effectively.
4. School of Democracy: It trains common people in the art of governance, budgeting, and leadership, creating a larger pool of future leaders.
5. Reduces Burden on States: Local problems are solved locally, making administration more efficient.
6. Promotes Transparency & Accountability: Since the representatives live in the same community, they are more accountable. Gram Sabha meetings are platforms for public scrutiny.

Punjab Example: A Gram Panchayat in a Punjab village manages the village common land (Shamlat), oversees the cleanliness of the village pond, runs the village library, and ensures the local Anganwadi centre functions properly. The Sarpanch (elected head), often a woman, leads this work.

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10.2.3 Control of Government over Panchayati Raj Institutions

While autonomous, Panchayats work under the overall supervision of the state government.

1. Legislative Control:

• The State Legislature makes the laws that define Panchayats' powers, functions, and territory. It can amend these laws.

2. Administrative Control:

• The state government can issue directions to Panchayats.
• It can inspect their work and records.
• In cases of incompetence, financial irregularities, or abuse of power, the state government can dissolve a Panchayat before its term ends. However, fresh elections must be held within 6 months.

3. Financial Control:

• Panchayats rely heavily on grants from the state.
• The state government audits Panchayat accounts.
• The power to allow Panchayats to collect certain taxes (like property tax, water tax) rests with the state.

This control is necessary for coordination but should not be used to undermine Panchayats' autonomy.

10.2.4 Shortcomings of Panchayati Raj

1. Inadequate Devolution of Powers & Funds: Often, state governments are reluctant to transfer real powers and finances ("functions, funds, and functionaries") to Panchayats, keeping them weak.
2. Lack of Capacity: Many elected representatives, especially first-timers, lack administrative and financial management skills.
3. Elite Capture & Corruption: Sometimes, local elites or powerful castes dominate proceedings. Corruption in local works is also a challenge.
4. Interference by State Politicians: MLAs and MPs often interfere in Panchayat affairs, undermining their authority.
5. Low Participation in Gram Sabhas: Often, Gram Sabha meetings are poorly attended, especially by women and the poor.

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10.3 URBAN LOCAL BODIES: THE 74TH CONSTITUTIONAL AMENDMENT

For towns and cities, a parallel system exists: Urban Local Bodies (ULBs). The 74th Constitutional Amendment Act, 1992 (also effective from April 24, 1993) gave constitutional status to municipal governments.

10.3.1 Salient Features of the 74th Amendment

It added Part IX-A (Articles 243P to 243ZG) and the Twelfth Schedule (18 subjects).

1. Three Types of Municipalities:

• Nagar Panchayat: For a transitional area (rural to urban).
• Municipal Council: For a smaller urban area.
• Municipal Corporation: For a larger urban area (e.g., Municipal Corporation of Ludhiana, Amritsar, Jalandhar).

2. Composition & Elections: Similar to Panchayats—direct elections, 5-year term, reservations for SC/ST and women (not less than 33%).

3. Wards Committees: Mandatory for municipalities with a population of 3 lakh or more.

4. Powers & Functions: The Twelfth Schedule includes subjects like:

• Urban planning, regulation of land use.
• Water supply, public health, sanitation.
• Fire services, urban forestry, slum improvement.

5. Finance & Planning:

• State Finance Commission recommends fund sharing.
• District Planning Committee (DPC): Consolidates plans of rural (Panchayat) and urban areas of the district.
• Metropolitan Planning Committee (MPC): For metropolitan areas (population > 10 lakh) to prepare a coordinated development plan.

6. Importance of Urban Local Bodies:

• They manage the critical infrastructure of cities—water, waste, roads, parks.
• They are crucial for implementing schemes like Smart Cities Mission, AMRUT.
• They provide a platform for citizen engagement in urban governance.

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Conclusion: The Teacher as a Catalyst for Local Democracy

As a primary school teacher in Punjab, you are a key community member. You can:

• Educate children about the roles of the Sarpanch, the Gram Sabha, and the Municipal Councillor.
• Encourage participation: Motivate parents to attend Gram Sabha meetings.
• Bridge the gap: Help community members understand government schemes implemented through local bodies.
• Promote equality: By teaching the value of reservation, you help normalize the leadership of women and marginalized groups.

When children see their teacher respecting the local Ward Member or attending a Gram Sabha, they learn that democracy is not abstract—it's about their village, their water, their school, and their future. You help build an informed, active citizenry from the ground up.

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EXERCISE: QUESTIONS & DETAILED ANSWERS

1. What is meant by Panchayati Raj? Discuss its features in detail.

Introduction:
Panchayati Raj is a system of local self-government in rural India, established to decentralize political power and ensure democratic participation at the grassroots level. Derived from Gandhian ideals of Gram Swaraj, it was constitutionally empowered through the 73rd Constitutional Amendment Act, 1992, transforming it from a discretionary state subject into a mandatory, uniform structure across the country.

Meaning:
It translates to "rule by the village council." It is an institutional framework for villages to govern themselves, manage local affairs, and implement development programs tailored to their specific needs.

Detailed Features (as per the 73rd Amendment):

1. Three-Tier Structure: A uniform system of Gram Panchayat (village level), Panchayat Samiti (block level), and Zila Parishad (district level).
2. Gram Sabha – The Bedrock: The assembly of all registered voters in a village. It is a permanent body that approves development plans, selects beneficiaries, and exercises general oversight over the Gram Panchayat.
3. Direct Elections & Fixed Tenure: All members are directly elected for a five-year term. Elections are conducted by an independent State Election Commission.
4. Reservations for Inclusive Representation:
• For SCs/STs: Seats reserved in proportion to their population.
• For Women: Not less than one-third (33%) of total seats and chairperson posts are reserved for women (many states have 50%).
• Rotation: Reserved constituencies are rotated after each election.
5. Devolution of Powers & Functions: The Eleventh Schedule lists 29 subjects (e.g., agriculture, water, education, health) that state legislatures may devolve to Panchayats.
6. Financial Architecture:
• Panchayats can levy and collect taxes, duties, and fees as authorized by the state.
• A State Finance Commission, appointed every five years, recommends the distribution of state revenues to Panchayats.
7. Constitutional Mandate: The amendment made it obligatory for states to establish Panchayati Raj institutions, ensuring their continuity and regularity.

Conclusion:
Panchayati Raj is the cornerstone of democratic decentralization in India. Its features are designed to empower rural citizens, ensure social justice through reservations, and promote accountable and participatory local development, ultimately strengthening the foundations of Indian democracy.

2. Explain the control of government over the Panchayati Raj system.

Introduction:
While the 73rd Amendment grants constitutional autonomy to Panchayati Raj Institutions (PRIs), they do not function in complete isolation. The state government exercises necessary legislative, administrative, and financial controls to ensure they operate within the constitutional framework, maintain standards, and align with broader state policies.

Forms of Government Control:

1. Legislative Control:

• The State Legislature enacts the laws that govern the structure, composition, powers, and functions of PRIs within the state.
• It can amend these laws, thereby altering the scope and authority of the PRIs.

2. Administrative Control:

• Directions & Supervision: The state government can issue directives to PRIs on matters of policy and can supervise their administration.
• Inspections: Authorized state officials can inspect Panchayat records and works.
• Dissolution: In cases of persistent default, incompetence, or financial malpractice, the state government has the power to dissolve a Panchayat before the completion of its five-year term. However, the Act mandates that fresh elections must be held within six months of such dissolution.

3. Financial Control:

• Source of Funds: PRIs are heavily dependent on grants-in-aid from the state consolidated fund, as recommended by the State Finance Commission.
• Audit: The accounts of Panchayats are subject to audit by state-appointed agencies.
• Taxation Powers: The power to authorize Panchayats to levy and collect specific local taxes (e.g., property tax, water tax) rests with the state legislature.

4. Control through Officials: In many states, key administrative staff of the Panchayats (like the Panchayat Secretary) are state government employees, creating a channel for influence.

Conclusion:
This control mechanism is a classic feature of cooperative federalism, extending to the local level. It aims to prevent misuse of power, ensure fiscal discipline, and maintain harmony between local and state development goals. The challenge lies in ensuring that this control is exercised as a supportive oversight rather than as suffocating dominance that stifles local initiative.

3. Explain the importance of Panchayati Raj.

Introduction:
Panchayati Raj is not merely an administrative arrangement; it is a profound political and social instrument for deepening democracy, accelerating rural development, and empowering marginalized communities. Its importance lies in its potential to transform the lives of India's rural majority.

Key Aspects of its Importance:

1. Deepens Grassroots Democracy: It takes democratic governance to the village level, enabling citizens to participate directly in decision-making on issues that immediately affect their lives, such as water, roads, and local development projects.
2. Ensures Participatory & Responsive Development: Locals best understand their needs and priorities. PRIs facilitate bottom-up planning, ensuring that development schemes (like MGNREGA, PMAY-G) are implemented effectively and are responsive to local conditions.
3. Empowers Marginalized Sections: The constitutional mandate for reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women has been revolutionary. It has brought lakhs of women and individuals from deprived communities into the political mainstream, giving them a voice and agency they were historically denied.
4. Promotes Transparency & Accountability: The institution of the Gram Sabha acts as a village parliament, where the elected Panchayat is answerable to the people. This public scrutiny helps curb corruption and ensures that works are carried out as planned.
5. A School for Political Leadership: PRIs serve as a training ground for future leaders. They provide practical experience in governance, budgeting, and conflict resolution to common citizens, creating a broader leadership pool for state and national politics.
6. Reduces Administrative Burden: By handling local affairs, PRIs reduce the workload of state and central bureaucracies, making the overall administration more efficient and focused on larger policy issues.
7. Strengthens Social Cohesion: By bringing diverse community members together in the Gram Sabha and Panchayat work, it fosters dialogue, cooperation, and a sense of shared community purpose.

Conclusion:
Panchayati Raj is vital for realizing the ideals of democratic decentralization and inclusive development. It empowers citizens, makes governance more accountable, and ensures that the benefits of growth reach the last person in the last village, thereby strengthening the very fabric of Indian democracy.

4. Explain the role of local government in urban areas.

Introduction:
Urban Local Bodies (ULBs), established under the 74th Constitutional Amendment Act of 1992, are the institutions of self-government for India's towns and cities. They play a critical role in managing the complex challenges of urbanization and ensuring a decent quality of life for urban residents.

Key Roles and Functions of Urban Local Governments:

1. Provision of Basic Civic Amenities: Their primary role is to ensure the provision and maintenance of essential services:
• Water Supply: Treating and supplying potable water.
• Sanitation & Waste Management: Maintaining sewerage systems, garbage collection, and disposal (critical for Swachh Bharat Mission).
• Public Health: Running clinics, immunization drives, and controlling epidemics.
• Roads & Street Lighting: Construction and maintenance of inner-city roads and public lighting.
2. Urban Planning and Regulation: They regulate building activities, land use, and town planning to ensure orderly growth and prevent haphazard urbanization.
3. Poverty Alleviation & Welfare: Implementation of urban poverty alleviation schemes, managing night shelters, and providing support to vulnerable sections.
4. Promotion of Cultural & Educational Activities: Maintaining parks, playgrounds, libraries, and cultural centres.
5. Economic Functions: They regulate markets, slaughterhouses, and trade licenses, and can undertake developmental activities to promote local economic growth.
6. Environmental Protection: Managing urban forestry, pollution control, and conservation of water bodies within the city.
7. Democratic Platform: Like PRIs, they provide a platform for citizen participation in urban governance through ward committees and public consultations, making city administrations more responsive.
8. Implementation of National Missions: ULBs are the key implementing agencies for flagship missions like the Smart Cities Mission, AMRUT (Atal Mission for Rejuvenation and Urban Transformation), and Pradhan Mantri Awas Yojana (Urban).

Conclusion:
In an increasingly urbanizing India, the role of Urban Local Bodies is paramount. They are the first line of response to the daily needs of citizens and the primary agents for creating sustainable, livable, and economically vibrant cities. Their effective functioning is directly linked to the quality of urban life.

5. Discuss the characteristics of Panchayati Raj.

(Note: This is similar to Q1. The answer will focus on defining characteristics as distinct from just 'features,' emphasizing its conceptual nature.)

Introduction:
The characteristics of Panchayati Raj refer to its defining and inherent qualities as a system of local governance. These distinguish it from other forms of administration and highlight its philosophical and operational core, as shaped by the 73rd Constitutional Amendment.

Key Characteristics:

1. Democratic Decentralization: Its fundamental characteristic is the devolution of political, administrative, and financial power from the state government to locally elected bodies. Power is not just delegated but constitutionally vested in these institutions.
2. Self-Governance: PRIs are designed to function as "institutions of self-government." They are meant to have the autonomy to make decisions on local subjects, plan for economic development, and execute schemes.
3. Three-Tier Uniform Structure: A standardized hierarchy from village (Gram Panchayat) to block (Panchayat Samiti) to district (Zila Parishad) ensures a cohesive system across states.
4. Constitutional Status & Mandatory Establishment: Unlike the pre-1992 scenario, Panchayati Raj is not at the state's mercy. It is a constitutional mandate, making its establishment and regular elections compulsory for all states (except exempted areas).
5. Social Justice Mechanism: A defining characteristic is the provision for reservations for SCs, STs, and women. This is not just an electoral feature but a transformative tool for social inclusion and equity.
6. People's Participation through Gram Sabha: The Gram Sabha is the soul of Panchayati Raj. It institutionalizes direct democracy, where every voter is a member, ensuring continuous participation beyond just voting every five years.
7. Financial Empowerment Framework: The provision for a State Finance Commission ensures a systematic and periodic review of Panchayat finances, aiming to provide them with adequate resources to function effectively.

Conclusion:
These characteristics collectively make Panchayati Raj a unique and powerful mechanism for participatory democracy. They ensure it is not just an administrative convenience but a rights-based, inclusive, and empowered structure for grassroots governance.

6. Elaborate the salient features of the 74th Constitutional Amendment.

Introduction:
The 74th Constitutional Amendment Act, 1992, is the counterpart to the 73rd Amendment, designed to revitalize and empower urban local governance. By adding Part IX-A to the Constitution, it provided a uniform framework for Municipalities across India.

Salient Features:

1. Constitutional Status for Municipalities: It made the establishment of Urban Local Bodies (ULBs) a constitutional obligation for states, similar to PRIs.
2. Three Types of Municipalities: It defines three categories based on population and area:
• Nagar Panchayat: For transitional (rural to urban) areas.
• Municipal Council: For smaller urban areas.
• Municipal Corporation: For larger urban areas (e.g., major cities).
3. Composition & Elections:
• Members are directly elected by territorial constituencies (wards).
• Fixed five-year term.
• Reservation of seats for SCs/STs in proportion to their population and not less than one-third for women (including for chairperson posts).
4. Wards Committees: Mandatory formation in municipalities with a population of three lakh or more to ensure decentralisation within the urban area.
5. Powers & Functions: The Twelfth Schedule lists 18 functions (e.g., urban planning, water supply, slum improvement, public health) that state legislatures may assign to municipalities.
6. Planning Mechanisms:
• District Planning Committee (DPC): To consolidate rural (Panchayat) and urban plans at the district level.
• Metropolitan Planning Committee (MPC): For metropolitan areas (population > 10 lakh) to prepare integrated development plans.
7. Financial Provisions:
• State legislatures can authorize municipalities to levy, collect, and appropriate taxes, duties, and fees.
• A State Finance Commission (the same as for PRIs) recommends the distribution of state taxes and grants to municipalities.
• Provision for auditing municipal accounts.
8. Independent State Election Commission: The same SEC that conducts Panchayat elections also conducts municipal elections.

Conclusion:
The 74th Amendment aimed to address the chaotic and weak state of urban governance. Its salient features provide a robust structure for democratic, accountable, and efficient management of India's rapidly growing urban centers, making them engines of sustainable and equitable development.