Indian Constitution At Work Chapter 8 Local Governments

The Local government means the institution that is made up of the members elected by the local people. The Local government lends strength to the democratic set-up. The villagers and the people of towns get a chance to take part in the Government of the country.

The local government lends strength to the democratic set-up. The villagers and the people of towns get a chance to take part in the goverment of the country.

The chief local self-government bodies in India are:

1. Gram Panchayat

2. Municipal Committees.

3. Municipal Corporations.

The Gram Panchayat functions in the villages.

The Municipal Committees function in the small cities. The Municipal Corporations perform this functions in the big cities

The four main sources of income of the local bodies are the following:

1. Different kinds of taxes.

2. Grant from the State Government.

3. Income for passing the building plans of the citizens.

4. Income from the entertainment tax imposed on circus, melas, etc.

Panchayati Raj is a new system of local government, specially meant for the upliftments and development of the villages.

The three organs of the Panchayati Raj are:

1. Gram Panchayat

2. Panchayat Samiti

3. Zila Parishad

The three organs of the Gram Panchayat are the following:

1. Gram Sabha

2. Gram Panchayat

3. Nyaya Panchayat

The Gram Sabha elects the member of the Gram Panchayats.

The Gram Panchayat works for the development of agriculture and cottage industries in the village.

The Nyaya Panchayat settles the minor disputes of the villages.

A Municipal Corporation is a local body which is organised for the big cities like Delhi and Bombay.

The Mayor is the formal head of the Corporation. He is elected for one year by the corporators i.e. members of the Corporation.

For conducting elections to the Panchayati Raj Institutions, the State government is required to appoint a State Election Commissioner. The office of the State Election Commissioner is autonomous. The State Election Commissioner is an independent officer and is not linked to nor is this officer under the control of the Election Commission of India.

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Gujarat, Maharashtra, Andhra Pradesh, Rajasthan.

Lord Rippon (1882).

Pt. Jawaharlal Nehru looked upon extreme localism as a threat to country and integration of the nation.

There was a powerful voice in the constituent Assembly led by Dr. B.R. Ambedkar which felt that the faction and caste ridden nature of rural society would defeat the noble purpose of local government at the rural level.

The Gram Sabha is the general body consisting of all the voters residing in the jurisdiction of a Gram Panchayat which extends over one village or a group of villages. Every man and woman who is the resident of the village concerned and is above 18 years of age, is a member of the Gram Sabha. In short, we can call it the Parliament of the Gram Panchayat. The Gram Sabha meets at least twice a year.

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A Gram Panchayat is formed by the members elected by the people of a village. Every village with a population of a least 500 people has a Gram Panchayat. The members of the Panchayat are called Panchas and their head is called the Sarpanch. They are elected for three years by adult villagers. The number of members of the Panchayat must be atleast five and at the most ten. Every Panchayat must have a lady member and one or two members belonging to scheduled castes.

Functions of a Sarpanch:

1. He calls the meetings of the Panchayat and presides over them.

2. He decides the disputes of the villagers with the help of others Panchs.

3. He obtain cash grants from the State Government for the development of the village.

4. He is a link between the State Government and the people of the village.

5. He makes plans for the welfare of the village.

Nyaya Panchayat is based on old traditional methods. It is for the villagers to get prompt and cheap justice.

Over 3 to 5 Gram Panchayats, there is only one Nyaya Panchayat. The Nyaya Panchayat can fine a person, it cannot punish in any other way. Nyaya Panchayat can give its verdicts on petty Diwani and criminal cases. It has no right to send any body to jail.

The Gram Sabha is just like the Parliament of the village. It performs many functions. Some of its functions are the following:

1. The Gram Sabha elects the members of the Gram Panchayat.

2. The Gram Sabha passes the annual budget of the Gram Panchayat and gives it approval.

3. The Gram Sabha gives suggestions to the Gram Panchayat for the development of agriculture and small scale industry in the area.

1. Need of local bodies: The local bodies can play a vital role in the development of a local area. Only the local people of an area know their needs and problems better and only they can find out solution to these problems.

2. Its importance: When the co-operation of the local people becomes available, the task becomes quite easier, in fact the co-operation of the local people is ensured, only through the local bodies.

The village community prepares better citizens in the following manner:

1. The villagers help and co-operate one another in the joys and sorrows of their village people.

2. The are more tolerant and co-operative towards their neighbours.

3. The villagers come to know about their rights and duties from the very beginning and they are very careful in performing their duties.

4. They are more loyal towards the society and their country.

For areas in transition from a rural area to an urban area, there is a provision for Nagar Panchayats which may be called by different names in different states. Some other local self-governing bodies working in small towns are known as “Town Area Committee”. The 74th Constitution Amendment Act designates them as Nagar Panchyat.

Gram Panchayat is the executive of Gram Sabha. The members of the Gram Panchayat are elected by the Gram Sabha. Every adult who is a resident of the village has got the right to vote in the Panchayat elections. Any voter who is 18 years of age can contest the election and become a member of the Gram Panchayat. The tenure of the Gram Panchayat is five years in different states.

The state government are required to appoint a State Finance Commission every five years. The main function of the commission is to examine the financial position of the local governments and make recommendations for strengthening of their finance. It has to review the distribution of revenues between the State and local governments on the one land and between the rural and urban local governments on the other. The setting up of an Finance Commission makes the allocation of funds to the rural local government a political.

In some States, each Panchayat Samiti in the district, elects some members from among its member to Zila Parishad. The Presidents of all the Panchayat Samitis are ex-officio members of the Zila Parishad. All MLAs and MPs of the district are its associates members. But after the 73rd amendment, the members of Zila Parishad are now elected by the people. The chairman will be elected by the elected members. Now MLAs, MPs, Collector, Deputy Collector and SDM will be its ex-officio members. There will be reservation for scheduled castes and scheduled tribes and women.

There is no specific provisions to the means of income of the Zila Parishads. However, the chief source of their income again happens to be the development grants given by the State government from time to time. In some States, the Zila Parishad receives some amount as a contribution made by Panchayat Samitis. Yet in some other States, the Zila Parishads have been empowered to impose small taxes of various kinds. The Zila Parishad submits its annual Budget to the State government for approval.

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The census of India defines an Urban areas as having (i) a minimum population of 5000, (ii) at least 75 percent of male working population engaged in non-agricultural occupations and (iii) a density of population of at least 400 persons per sq. km.

As per the 73rd Amendment Act, 1993, one third of the positions in all panchayat institutions are reserved for women. Reservations for scheduled castes and scheduled tribes are also provided for at all the three levels, in proportion to their population. If necessary, states can also provide for the reservations for the backward classes (OBCs).

Mahatma Gandhi strongly pleaded for decentralisation of economic and political power. He believed that strengthening village Panchayats was a means of effective decentralisation. All development initiatives must have local involvement in order to be successful. For the Father of the Nation, the independence of India meant the independence of the whole of India. Independence should begin at the bottom ushering every village into a republic. He wanted every village to be self-sustained and capable of managing its affairs. He also visualized the life as a pyramid with the open sustained by the bottom.

There should be a District Planning Committee established at district level in each state. This committee will prepare the draft of a developmental planning of the whole district combining the panchayat planning and municipalities planning.

Metropolitan Planning Committee (Maha Nagariya Yojna Samiti): An area of the population of 10 lakhs or more is declared by the Governor as The Metropolitan Area. For the development of that area there shall be a Maha Nagariya Yojna (Metropolitan Planning Committee).

Nagar Panchayat: Notified Area Committees are now called Nagar Panchayats. These are established in the area which are now converting into urban from rural area. The members are elected by the people. Some members, are nominated by the State government. The Member of Parliament and the Member of Legislative Assemblies are ex-officio members of the Nagar Panchayat. The tenure of Nagar Panchayat is of 5 years. If due to any reason Nagar Panchayat is dissolved before its maturity the fresh elections within 6 months are undertaken.

In 1956, a committee was appointed by the government under the chairmanship of Shri Balwant Rai Mehta to suggest measures for the implementation of the Community Development Schemes. This committee suggested that the development work cannot be fulfilled without the co-operation of local people. Hence these affairs should be entrusted to the elected representatives of the local people and the government officers should co-operate with them. For this purpose the committee recommended the organisation of a three-tier autonomous body which will decentralise the power and the local representative grasping the utility of development programmes will implement them. Thus, Panchyati Raj is divided into three-tier system:-

1. Structure of Panchayats at village level.

2. Block Committees or Samitis at block level, and

3. Zila Parishads at district level, will be organised.

The main functions of the Gram Sabha are:

(i) The Gram Sabha elects the Pradhan and the Panchas of the Panchayat.

(ii) The Gram Sabha can remove the Pradhan and Panchas of the Panchayat by passing a resolution by two-third majority.

(iii) The Gram Sabha decides the broad policies for the development of the villages.

(iv) The Gram Sabha approves the annual budget of the village and it deliberates on taxes proposed by the Gram Panchayat and votes on the imposition of taxes.

(v) The Gram Sabha passes the annual Budget of the Gram Panchayat.

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Main functions of the Gram Panchayat are:

(i) The Gram Panchayat makes arrangements for pure drinking water and undertakes disinfection drives of the wells, tanks, etc.

(ii) It makes sanitary arrangements in the village.

(iii) It makes efforts for improving the health of the people, and for this purpose it opens hospitals and dispensaries.

(iv) It makes arrangements for street lighting.

(v) It also makes arrangements for providing primary education to the children.

(vi) It works for the promotion of agriculture. It makes arrangements for good seeds and acquaints the villagers with improved and scientific methods of agriculture.

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In Panchayati Raj System the intermediary Panchayat or block Panchayat is called Panchayat Samiti. Panchayat Samiti consists of the following four types of members:

(i) All the Panchas and Sarpanchas of the Panchayats in a Block elect some members from among themselves. In some States. Sarpanchas of Panchayats are ex-officio members of the Panchayat Samities.

(ii) All the MLAs and MPs of the district are ex-officio members of the Panchayat Samiti.

(iii) 30 percent seats are reserved for the women. Seats have been also reserved for scheduled castes and scheduled tribes.

(iv) The sub-divisional Magistrate and the Block Development Officers are the ex-officio members of the Panchayat Samiti.

The powers and functions of the Panchayat Samiti are:

(i) The Panchayat Samiti looks after the working of Panchayats in its area.

(ii) It tries to promote agriculture in its area and distributes among the farmers good seeds, fertilizers and scientific instruments. It highlights the importable of scientific methods in agriculture. It advances loans to the farmers for increasing agricultural production.

(iii) It tries to promote cottage industries in its area.

(iv) It takes steps for the promotion of animal husbandry.

(v) It makes sanitary arrangements in its area.

As we know the local government is government at the village and district level. Local government is about government closest to the common people. A local government involves itself with the day to day life and problems of ordinary citizens. Democracy is about a constructive participation. It is also about accountability. Strong and vibrant local governments ensure both active participation and purposeful accountability. It is at the level of local governments that the common people can be involved in decision-making concerning their lives, their needs and above all their development. Thus local governments strengthen democracy.

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Panchayati Raj System has brought democracy at the grass-root level. In spite of having many important advantages of this system, it also has some weaknesses.

The main weaknesses of the Panchayati Raj System are the following:

1. Most of the villagers are illiterate. Same is the case with the members of the Village Panchayats. So, they are unable to understand the real concept of democracy.

2. The villages do not have the real environment for democracy. The village people still have the differences in their minds which are based on caste system and jealousy.

3. In most of the villages, the political parties interfere in the working of the Village Panchayats. Although there is no place for the political parties in the local self-government.

The subject of local government was assigned to States by the constitution. It was also mentioned in the Directive Principles as one of the policy directives to all governments in the country. Thus this provision was non-justiciable and primarily advisory in nature. When Community Development Programme was started in 1952, a three tier Panchayati Raj System of local government was recommended for the rural areas. In many states these local bodies did not have enough powers and functions to look after the local development. These bodies were much dependent on the state and the central governments for finances. The elections were not held regularly. In many states, the elections was indirect.

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I. Decentralisation in Brazil: The constitution of Brazil has created State, Federal District and Municipal Boards. Each of these units have been assigned independent power and jurisdiction. The Republic is prohibited from interfering in the affairs of the municipal councils just as it cannot interfere in the affairs of the states. In such an arrangement, the power of local government is completely.

II. Decentralisation in Bolivia: The whole of Bolivia is divided into 314 municipal governments. These governments are headed by popularly elected mayors (president municipal) and a municipal council (cabil do). The elections are held after every five years. The local government are entrusted with building local health and education facilities, as well as maintenance of infrastructure. 20% of nationwide tax collections are distributed among municipalities on per capita basis.

In 1992, the 73rd and 74th Constitution Amendenments were passed by the Parliament.

The 73rd Amendment is about rural local governments (which are also known as Panchayati Raj Institutions or PRIs.) and the 74th Amendment made the provisions relating to urban local government (Nagarpalikas).

The 73rd and 74th Amendments came into force in 1993. Due to these amendments the States (now-a-days these are 28) had to change their laws about local bodies in order to bring there in comformity with the amended constitution. They were given one year's time for making necessary changes in their respective State laws in the light of these amendments.

The different justifications are given in favour of the local government. Their ranking should be as follows:

1. (c) People know their area, needs, problems and priorities. By collective participation they should discuss and take decisions about their life.

2. (a) Government can complete the projects with lesser cost with the involvement of the local community.

3. (b) The development plans made by the local people will have greater acceptability than those made by the government officers.

4. (d) It is difficult for the common people to contact their representatives of the state or the national legislature.

The decision of the Gram Panchayat of Vangaivasal village was based on the rationale, (c) People know their needs and priorities and they should take decision about their life.

I. Composition of a Municipality:

A Municipal Committee is constituted for those cities which have a population not less than 20,000 and not more than two lakhs. The town is divided into many wards. The voters of every ward elect one representative to the committee. They are elected usually for three years. These members elect their Chairman and Vice-Chairman from amongst the Secretary, Health Officer, Engineer etc.

II. The main functions of the Municipality are the following:

1. Education Department: A Municipal Committee makes a proper arrangement of education for children in its area. It opens many primary and middle schools.

2. Water Supply Department: It makes arrangements for the supply of fresh drinking water for the residents of its area.

3. Electric Supply Department: A Municipal Committee makes arrangements for the supply of electricity, roads and streets for the residential areas.

4. Health Department: The Municipal Committee makes arrangement for the establishment and maintenance of hospitals and dispensaries, vaccination, prevention or the outbreak of disease etc.

5. Scavenging Department: The Municipal Committee is responsible for the sanitary conditions in its area.

6. Miscellanous Department: (i) A Municipal Committee makes arrangements for extinguishing the fire and maintains fire-brigade sations for this purpose.

This conversation is given on the issue of equal power of women. Our Constitution guarantees equality between men and women. According to Article 15 the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. According to Article 39 (1), the State shall secure right to an adequate livelihood to all citizens and according to Article 39 (d) calls for equal pay for equal work for both men and women. But in practice, we find a discrimination between men and women in our society.

In Alok’s opinion, our Constitution guarantees equality between men and women. Reservations in local bodies for women ensure their equal share of power. But Neha wants that the budget of the local bodies should have separate provision for women and only then the womens condition will improve. But in the opinion of Jayesh, a local body must take care of all people in the village and that would automatically take care of women. But here one thing is important that if we find the equal opportunity for men and women, it is not necessary that the women may get the success. So it is necessary to give them some reservations in all fields. As we know the women have been backward in our society and the male candidate had not given them opportunity. If a local body must take one of all people in the village that would automatically take care of women and their interest. But it would not be enough to improve the condition of women. Without reservation they would not succeed to get the powers and they would not succeed to make policies for the interests of women.

(a) It is also a part of involvement of decentralisation but the main point of the involvement of decentralisation.
(b) Through the election they elect their representatives, who take decisions for the development of the village.
(c) It is also subsidiary in this procedure.
(d) The Gram Panchayat, receiving the report from the Block Development officer about the progress of a project started by the State government, is the manifestation of the working of decentralisation.

The matters or the subjects included in the jurisdiction of Panchayati Raj institutions are listed in Eleventh Schedule of the Constitution, which was inserted in 1992 by the 73rd Constitutional Amendment Act. These 29 subjects are given below:

1. Agriculture including agricultural extension.

2. Implementation of land reforms, land development, land consolidation, soil conservation.

3. Minor irrigation, water management and watershed development.

4. Animal husbandry, dairing and poultry.

5. Fisheries.
6. Soil forestry and farm forestry.

7. Minor forest produce 8. Small scale industries including food processing industries. 9. Khadi village and cottage industing. 10. Rural housing 11. Drinking water 12. Fuel and fodder 13. Roads, culverts, bridges, ferries, waterways and other means of communication 14. Rural electrification including distribution of electricity. 15. Non-conventional energy sources. 16. Poverty alleviation programmes. 17. Education including primary and secondary schools. 18. Technical training and vocational education. 19. Adult and non-formal education 20. Libraries 21. Cultural activities 22. Markets and fairs 23. Health and Sanitation including hospitals, primary health centres and dispensaries. 24. Family welfare. 25. Women and child development. 26. Social welfare 27. Welfare of the weaker sections, particularly the scheduled castes and scheduled tribes. 28. Public distribution system 29. Maintenance of community assets.

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Introduction: The Panchayati Raj System as stipulated by the 73rd Amendment Act has the three-tier structure:

(i) Gram Panchayat at the village level.

(ii) Panchayat Samiti at the block level.

(iii) Zila Parishad at the district level.

I. Composition of Gram Panchayat: Gram Panchayat is the executive of Gram Sabha. The members of the Gram Panchayat are elected by the Gram Sabha. Every adult who is a resident of the village has the right to vote in the Panchayat elections.

II. Functions: (i) The Gram Panchayat makes arrangements for pure drinking water and or disinfecting the wells, tanks. etc.

(ii) It improves sanitary conditions in the villages.

(iii) It makes efforts for improving the health of the people, and for this purpose it opens hospitals and dispensaries.

III. Composition of Panchayat Samiti: The member of the Block Development Committee (BDC) i.e. Panchayat Samiti are elected by the people directly on the basis of universal adult franchise. MLAs and MPs of the area, SDM and B.D.O. are the ex-officio members. Apart from ex-officio members, other members are elected and reservation of seats are provided for Scheduled Castes and Scheduled Tribes in every Panchayat in proportion of their population in that area. It is also provided that 30 per cent seats are reserved for women in each categories and by rotation allotted to different constitutions. The term of Panchayat Samiti is for five years.

IV. Functions: (i) The Panchayat Samiti looks after the working of all the gram Panchayats in its area.

(ii) It tries to promote scientific and modern agricultural practices in its area and distributes among the farmers at practices seeds, fertilizers and scientific equipments.

V. Composition of Zila Parishad: After the passage of the 73rd Amendment in December 1993, the Constitution has tried to provide constitutional validity and uniform system to the Panchayati Raj Systems. There will be a Zila Parishad in every district of a state with elected members. The chairman will be elected by the elected members. MLAs, MPs, Collector, Deputy Collectors and SDMs will be the ex-officio members. Each State government will constitute a Finance Commission to review the financial position of these institutions and to recommend allocation of funds and grants-in-aid.

VI. Functions: (i) Tries to co-ordinate the working of the Gram Panchayats and Panchayat Samitis in the district.

(ii) The Panchayat Samitis pass their annual budget and send it to the Zila Parishad. The Zila Parishad gives its approval to the budget after deliberating over it thoroughly.

Under the scheme of the local self-governments, Gram Panchayat and Gram Sabha are the two lowest units of the functional organisation.

Differences between Gram Panchayat and Gram Sabha:

1. Gram Sabha consists of all the adult members (those who have attained the age of 18 years or more) of a village or a cluster of villages constituting Gram Sabha; whereas the Gram Panchayat is a small body, whose members are elected by the members of Gram Sabha.

2. The term of office of Gram Panchayat is usually for five years, whereas the Gram Sabha is a permanent body and it is not subject to dissolution.

3. Gram Panchayat is an executive organ of Gram Sabha. The Gram Sabha monitors and evaluates the activities of Gram Panchayat.

Functions of Gram Panchayat:

It performs the following three categories of functions

1. Civic amenities.

2. Social welfare activities.

3. Developmental activities.

1. Civic Amenities: In the interest of better health and life of people, Gram Panchayat makes provision for such civic amenities as sewerage system, village sanitation, drinking water, village roads and streets, arrangement of lighting, etc. The Gram Panchayat also makes arrangement for schools for the education of children.

2. Social Welfare Activities: The Gram Panchayat keeps the records of births and deaths in the village. It tries to ensure the effective implementation of family planning and family welfare programmes. It is also responsible for the activities related to animal husbandry and agricultural development. It takes care of the programmes of adult and continuing education in the village.

3. Developmental Work: The Gram Panchayat is responsible for certain developmental functions at village level, such as construction of roads. tanks, irrigation facilities, schools, libraries, community halls, Panchayat Bhawan, etc. In fact, Gram Panchayat happens to be the lowest level of popular agency to participate in the development at processes at the village level.

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(a) It is said that many villages would be adversely affected by the Steel Plant. The Gram Sabha has passed a resolution against it. It implies that the gram panchayat was not consulted before the steel plant was decided by the State government. This action of the State government will severely weaken the institution of Panchayats. The Gram Sabha of one of the affected villages passed the resolution that village people must be consulted and their grievances must be redressed. It will strengthen the Panchayats as it can now move to courts for a direction against the unilateral move of the state government.
(b) The decision of the State government that 20% of all its expenditure would be done through the Panchayats, will surely help the finances of the Panchayats. If the state government does not interfere in the decisions and the priorities of the Panchayats, this will strengthen the Panchayat. At the same time the financial dependence of the local bodies on the State government will impinge on their capacity to operate effectively. The Panchayats need independent sources of revenue.
(c) The basic idea for the creation of Panchayati Raj institutions is that the people themselves prioritize their development agenda. The turning down of the demand for funds for building a village school by government officials saying that the funds are allotted for certain other schemes, will surely weaken the Panchayats in becoming units of self-government.
(d) There is no mention here, whether the government has divided the village Durgapur into two village on the recommendations of the Panchayat under which it falls. If the government has done this on its own, then surely this action would weaken Panchayati Raj institutions. If it has effected division on the recommendations of the concerned Panchayat. The action would not weaken these institutions.
(e) The mobilisation of village youth to do some voluntary work and revive the old village ponds and wells will make the presence of there instituions felt. The village people will develop increased respect for the gram panchayat. Thus, the Panchayati Raj institutions would be strengthened.

If I am entrusted to evolve a local government plan of a State, the following powers I would endow to the Village Panchayats to function as units of self-government:

1. Civic Amenities: In the interest of better health and life of citizens, Gram Panchayats would have the powers to make provisions for basic civic amenities.

2. Social Welfare Activities: The Gram Panchayat would keep the records of birth and death in the village, family planning and family welfare etc.

3. Agricultural Development: The programmes and policies related to the modern agricultural practices should be supervised by the Panchayats.

4. Development Works: The Gram Panchayats may be responsible for certain development functions at village level, such as construction of roads, tanks, irrigation facilities etc.

5. Educational work: The Gram Panchayats would be made responsible for the primary education. I would give the gram Panchayats powers to open and maintain schools and libraries in the villages.

The provisions of 73rd Amendment Act made it mandatory the elections to Panchayats in due time on regular basis. It makes provisions for the reservation of seats at all the three levels in favour of women, the scheduled castes, the scheduled tribes and the other backward classes.

The Panchayats have been given the power and responsibility of local planning and mobilization of their own resources. As per the provisions of the Act, elections should be held within a period of 6 months from the date of dissolution of the local body. It has been left to the State Legislatures to make provisions for constituting District Level Committees. In the Panchayats at both block and district level ex-officio memberships have been given to the members of Parliament and the State Legislatures. The minimum age required to become a member of these Panchayats has been reduced to 21 years. The provisions have been made for the establishment of an independent State Election Commission. The provisions have also been made for the establishment of a State Finance Commission after every five years to review the finances of Panchayats.

Certain areas where 73rd Constitutional Amendment shall not apply: According to Article 243 , nothing provided in this amendment shall apply to the Scheduled Areas referred to in clause (1) and the Tribal Areas referred to in clause (2) of Article 244.

Also no provision of 73rd Amendment shall affect the functions and powers of the Darjeeling Gorkha Hill Council, constituted under any law for time being in force for the hill areas of the district of Darjeeling in the State of West Bengal.

However it is provided that not withstanding anything in this Constitution, Parliament by law can extend the provisions of 73rd Amendment to the scheduled areas and tribal areas referred to in clause (1) and (2) of Article 244 subject to such exceptions and modifications as may be specified in such laws and no such laws shall be deemed to be an amendment of the Constitution for the purpose of Article 268. In 1996, a separate act was passed extending the provision of the Panchayat System to these areas.

The main differences between the local governments before 73rd amendment and after that amendment were that earlier local government was a State subject. States were free to make their own kind of laws but now the local governments have received much needed Constitutional recognition like State Legislatures and the Union Parliament.

In fact, it is a constitutional recognition of grass-root level democratic set-up. This amendment (73rd amendment) act of 1993 made it mandatory to hold the elections of Panchayats in due time on a regular basis. It makes provisions for the reservations of seats at all three levels in favour of women, the Scheduled Castes, Scheduled Tribes and Other Backward Classes.

The minimum age required to become a member of these Panchayats has been reduced to 21 years. To ensure timely and free and fair election to these bodies, provisions have been made for the establishment of an independent State Election Commission in every State. The Panchayats have been given powers to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with the provisions made by the State government. The provisions have also been made for the establishment of a State Finance Commission in each state after every five years to review the finances of Panchayats and to make recommendations as to what amount of grants are to be given to the Panchayats by the State Government. This ensures their financial autonomy and viability.

After a lengthy discussion and consideration, the Parliament passed two Constitutional Amendment Acts (73rd and 74th) in 1993. After passing of these Acts the rural and urban institutions of local self-government have received much needed constitutional recognition like the State, Legislatures and the Union Parliament. In fact, it is a constitutional recognition of grass-root level democratic set up. The provisions of 73rd Constitutional Amendment Act 1993, related to Panchayati Raj bodies in rural areas. It makes provisions for the reservations of seats at all three levels in favour of women, the scheduled castes, the scheduled tribes and the other backward classes. The Panchayats have been given the power and responsibility of local planning and mobilisation of their own resources. The provision for reservation for women at the Panchayats has ensured the presence of a significant number of women in local bodies. As this reservation is also applicable for the position of Sarpanch and Adhyaksha, a large number of women elected representatives have come to occupy these positions. There are more than 80,000 women Sarpanchas in Gram Panchayats.

1) After the 73rd Amendment Act, 1993 it is mandatory to hold election after every five years. If the State government dissolves the Panchayats before the end of its five years term, fresh elections must be held within six months. It makes representatives accountable.

2) After the 73rd Amendment Act, 1993, reservations for women, Scheduled Castes and the Scheduled Tribes made necessary. The women have been given 1/3 reservation in local bodies (Villages Panchayat etc.) at all levels and the seats have been reserved in, favour of the Scheduled Castes and Scheduled Tribes in proportion of their population. As the Indian population has 16.2 percent Scheduled Castes and 8.2 percent Scheduled Tribes, about 6.6 lakh elected members in local bodies are from these social groups. This has significantly altered the social profile of the local bodies. The dominant castes and feudal landlords, who controlled the villages earlier do not wish to give up their power. Due to this there is some tension and conflicts in the society.

3) The subjects included in the jurisdiction of Panchayati Raj institutions are listed in Eleventh Schedule of the Constitution. 29 subjects were inserted in this Schedule, which was inserted in 1992 by the 73rd Constitutional Amendment Act. Education including primary and secondary education is one of these subjects. It is the responsibility of State governments to implement these provisions.

4) The Panchayats have been given powers to levy, collect and appropriate such taxes, duties, tolls and fees as in accordance with the provisions made by the State governments. The provisions have also been made for the establishment of a State Finance Commission after every five years to review the finances of Panchayats and to make recommendations as to what amount of grants to be given to the Panchayats by the State Governments.

Importance of the local bodies:

1. Related with the daily life of the people: The local self-bodies are directly related with the daily life of the people. There is no area of the citizen's life which is not connected with these institutions. These institutions perform the functions related to education, sanitation, public health, industry, etc., and try to tackle the day-to-day problems of the local people.

2. Right solution of the local problems: In a big country like India, there live the people belonging to different religions, languages, caste and customs. There are different types of problems in the different parts of the country. The Union Government or the State Governments are unable to know the local problems of the citizens. Only the local people know the local problems and they can suggest the right solution to the local problems. In this way the local self-bodies play an important role.

3. These bodies lessen the workload of Central and State Governments: In the big countries like India where the population is in millions and the area is very vast, the Central Government and the State Governments have many other important works and problems to solve. Therefore, they may not have much spare time to attend to the local problems. A need arises for local bodies well versed with the nature of the local problems who can solve these problems and lessen the burden of Central and State governments.

4. They awaken the Political Consciousness: The local self-bodies are considered the best schools of democracy. These institutions develop the qualities of the citizens. They awaken the political consciousness of the people and they experience the feelings of liberty and equality. Therefore, for the success of democracy in any country the local self-bodies are essential.

5. Decentralisation of Powers: According to a great thinker of the Political Science Prof. Seeley, “Democracy is that Government where every citizen takes part.” In a country where there is a provision of the local self-institutions, there exists decentralisation of powers. So. people directly take part in the functions connected with their daily needs and the government goes on working in a normal way. The people feel happy and satisfied.

Tips: -

M. Imp.

According to 74th Amendment, for the whole country, there have been introduced three categories of Urban Local Government institutions:

1. Nagar Panchayats for a population between ten and twenty thousands.

2. Nagar Palika for a population between twenty thousands to 3 lakhs.

3. The third category is Nagar Nigam [Municipal Corporations).

In all urban local government institutions all seats are filled up by direct election by the people in local constituencies. But the State Legislature can arrange for the representation who has the experience and are the specialists of administration. Ward Committees are constituted in those areas whose population is more than three lakhs. The seats are reserved for the scheduled castes and scheduled tribes in the ratio of their population. One-thirds seats are of the reserved in these categories for women. If the State Legislature wants the seats for other backward classes are also reserved. A person who has attained the age of 21 years may contest the election.

Steps: The Government of India has taken many steps for the rural development. The three steps are listed below :

1. Community Development Projects: The Government of India has introduced various Community Development Programmes (C.D.P). Under this scheme, the rural areas were divided into Development Blocks. A Block Development Officer was made incharge of and responsible for developmental works.

2. Panchayati Raj: Panchayati Raj was introduced in 1959 for local administrative purposes and for comprehensive development of rural areas. Gram Panchayats were formed in each and every village, with Panchayat Samitis at the Block Level and Zila Parishads at the District Level. These are elected representative bodies of the people. They make plans for the development of the area and work them out.

3. Rural Water Supply Programme: Under this programme it has been decided to provide potable water facilities in all the villages. In many villages people don't get clean and wholesome water to drink. Pumping stations have been set up with state funds to provide drinking water.

I. Structure: Organisation or Composition of the Municipal Corporation:

In India, there are Municipal Corporations in the big cities like Delhi, Mumbai. Kolkata, Chennai etc. to solve the local problems of the people residing in these cities.

The elections for Municipal Corporation are held after every four or five years. All adult persons whose names are registered in the list of voters have a right to vote. After the election of the councillors is over, election of eldermen, whose number is predetermined is held and the Mayor and Deputy Mayor are also elected by the councillors on the basis of single transferable vote system. Mayor and Deputy Mayor are elected every years.

II. Main Functions of the Municipal Corporation:

1. Sanitation: The Municipal Corporation is responsible for the sanitary conditions in the cities. Public roads are properly swept, cleaned and watered. Suitable arrangements are made for drainage and sewage-treatment. The Corporation sees that houses are built according to the scientific sanitary principles.

2. Public Health: The Municipal Corporation makes arrangement for the establishment and maintenance of hospitals and dispensaries, vaccination, prevention of the outbreak of diseases, etc. It prevents the sale of intoxicants like opium. It opens maternity centres and child welfare centres. It prevents the sale of adulterated food.

3. Water Supply: It is another important function of the Municipal Corporation to make arrangements of pure drinking water for the city populace.

4. Electricity: The Corporation provides electricity to the people of the city.

5. Education: The Municipal Corporation also makes arrangements for providing education to the people. The establishment and maintenance of primary and middle schools is one of the most important functions of the Corporation. Reading rooms and libraries are also run by the Corporation. The Corporation also gives financial aid to the privately managed schools.

6. Roads and Bridges: It makes arrangements for the construction of roads and bridges within its area. It also gets the roads and the bridges repaired whenever necessary.

7. Transport: The Corporation provides licences and frames rules for taxis, scooters, tongas, rickshaws, cars, etc.

8. Recreation: The Corporation issues licences for opening of cinema hall. It looks after zoo and museum also.

9. Trade and Market: The Corporation gives licences and other facilities to trade and industries in the area.

10. Miscellaneous Functions:

(i) Arrangement of cremation grounds.

(ii) Fire brigade service.

(iii) Records of births and deaths.

(iv) To approve the plan of houses.

(v) To give notice and demolition of old buildings for safety.

(vi) Arrangement for playgrounds, parks and gardens.

(vii) For the vaccination of Stray dogs.

The following points emerge with respect to the problems and prospects of Panchayati Raj institutions:

1. The Panchayati Raj institutions have been suffering from the lack of financial resources which hinder their effective functions.

2. The elections of Panchayats are held on party lines which results in casteism and political enemity.

3. There is not much scope for the election of the able and honest persons in the Panchayats and that results in corruption and nepotism.

4. The government machinery continues to maintain its hold on Panchayat bodies, which goes against the very purpose of these institutions.

5. Lack of awareness and non-fulfilment of promises made by these bodies make village people suspicious to the utility of Panchayati Raj bodies.

Effective measures should be adopted to the practice of corruption at various levels in the functioning of Panchayats.

I Problem: The following points emerge with respect to the problems and prospects of Panchayati Raj Institutions:

(i) The Panchayati Raj institutions have been suffering from the lack of financial resources which hinder their effective functions.

(ii). The elections of Panchayats are held on party lines which results in casteism and political enemity.

(iii). There is not much scope for the election of the able and honest persons in the Panchayats and that results in corruption and nepotism.

(iv). The government machinery continues to maintain its hold on Panchayat bodies, which goes against the very purpose of these institutions.

(v). Lack of awareness and non-fulfilment of promises made by these bodies make village people suspicious to the utility of Panchayati Raj bodies.

II. Suggestions: (i) Effective measures should be adopted to the practice of corruption at various levels in the functioning of Panchayats.

(ii) Sufficient funds should be given directly from central as well as from state governments as aid for all local bodies related with the Panchayati Raj.

(iii) New sources of income should be suggested to rular democratic institutions.

(iv) Educational and mass media facilities should be provided. Banks, Insurance companies and foreign companies should provide financial and other helps.

(v) In the interest of democracy the villages may be trained in the art of self-government, even autonomy ......We must be able to reform the villages and introduce democratic principles (equality, justice, liberty and fraternity) of the government there.

(vi) It is necessary that in a democracy, tasks, which can be performed locally, should be left in the hands of the local people of rural India and their representation. Common people are more familiar with their local government and their problems that with the government at the state or national level. They are also more concerned with what local government does or has failed to do as it has a direct bearing and impact on their day-to-day life. In this way strengthen local rural government is like strengthening democratic processes.

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