The Historical backdrop of Panchayati Raj system in India

The institution of Panchayati Raj is not new to India. It existed since earliest times. We get ample references about the Panchayats in Manusmriti, Arthasastra and the Mahabharata. During the Muslim rule also the system continued to operate unobstructed.

With the assumption of power by the British and the adoption of policy of centralization, the Panchayats suffered a temporary setback. But soon the British realised the value of this institution and the Decentralization Commission recommended in its report in 1907.

“In ignoring the village as the primary unit of local self- government, the government made the beginning with a false step. This scany success hitherto made to introduce a system of rural self-government, is largely due to the fact that we have not built from the bottom and hence it is most desirable to constitute and develop village Panchayats for administration of certain local affairs Dr. with the villages”.

However, the Government of India did not pay any heed to the recommendations of the commission. The outbreak of the First World War gave a further setback to the demand for revival of Panchayats.

With the introduction of the system of Dyarchy under the Montague Chelmsford Reforms of 1919 the responsibility of local self-government institutions was transferred to the ministers. These ministers enacted a set of laws with a view to revive the Panchayati Raj institutions. But paucity of funds stood in the way.

During the 1920′s Mahatma Gandhi made a strong plea for introduction of self-government in the villages with a view to improve their economy. He had pointed out that independence must begin at the bottom. Every village should be a republic or a Panchayat having full Bran powers. The greater the power of Panchayats, the better for the people. However, the British Government did not pay any heed.

It was only in 1937 when the Congress Ministry was formed that attention was paid to the establishment of the Gram Panchayats and their reorganisation. However, before they could achieve anything substantial in this direction, the British declared India as a Party to war without consulting the popular ministries. This resulted in the resignation of the Congress Ministries. These developments gave a severe blow to the movement for revival of Panchayats.

Soon after World War II, the elections to the central and such; provincial legislatures were held and the Congress was returned on the to power. Once again, it paid attention to the issue of revival of Panchayats and passed numerous Acts. When India became independent in 1947 perhaps one-third of the villages of India had traditional Panchayats and their functioning was not up to the mark.

The Congress Government made a determined effort to promote the creation of Panchayats to make them effective units of local government. Article 40 of the Constitution of 1950 declared: “The State shall take steps to organise Village Panchayats and to CON endow them with such powers and authority as may be necessary Anal’ to enable them to function as units of Self-government”.

The aim was to foster democratic participation, to involve villagers in the development effort and to ease the administrative burden on the states. The subject of implementation of the Panchayati Raj was com placed in the State List. In the initial years after gaining independence, no efforts were made for the setting up of the Panchayati Raj.

The Community Development Programme was launched in October 1952 to seek people’s participation and involvement in the task of rural reconstruction. The programme failed in its mission without an agency at the village level. The Planning Commission, in the Second Five Year Plan, recommended its review.

In January 1957, a team for the study of Community Projects and National Extension Service, headed by Balwant Rai Mehta, was appointed. The Committee observed “Admittedly, Emai one of the least successful aspects of the C.D. (Community Development) and N.E.S. (National Extension Service) work is its attempts to evoke popular initiative.

We have found that few of the local bodies at a level higher than the Village Panchayat have shown any enthusiasm or interest in their work and even the Panchayats have not come into the field to any appreciable extent.

An attempt has been made to harness local initiative through the formation of adhoc bodies, mostly nominated personnel and invariably advisory in character. These bodies have so far given indication of neither durable strength nor the leadership necessary to provide the motive force for continuing the improvement of economic and social condition in rural areas.

The Committee asserted, “So long as we do not discover create a representative and democratic institution which will supply the local interest, supervision and care necessary to ensure that expenditure of money upon local object conforms with the needs and wishes of the locality, invest it with adequate power and assign to it appropriate finances, we will never be able to evoke local interest and excite local initiative in the field of development.”

The major recommendations of Balwant Rai Mehta Committee on democratic decentralization are as follows:

1. There should be a three-tier structure of local self- government from the village to the district with the village at the bottom and the district at the top with its intermediary link of institutions all organically related to one another;

2. There should be genuine transfer of power and responsibility to these institutions of local government;

3. Adequate resources should be transferred to these bodies to enable them to discharge those responsibilities;

4. All programmes of social and economic development formulated through the network of planning should be channelled through those institutions;

5. The whole system of Panchayati Raj should facilitate further devolution and dispersal of power, responsibilities and resources in the future.

The Committee recommended that while the broad patterns and the fundamentals of the PR institutions might be uniform, there should not be any rigidity in the details of the pattern, in view of the vastness of the country and the complexity of its problems. What really counts is the genuine transfer of power to the people. If this is ensured, the form and pattern could vary according to the conditions prevailing in different states.

The National Development Council affirmed the basic principles underlying democratic decentralisation. In accordance with the recommendations of the Committee, a number of states created three-tier system of rural local self-government institutions, on the pattern of Andhra Pradesh and Rajasthan, with some modifications.

Some of the states like Maharashtra introduced a system which was drastically different from the system introduced in Andhra Pradesh and Rajasthan. Some of the states created only one-tier viz. the Village Panchayats (Jammu and Kashmir and Kerala), while others created a two-tier system (Haryana).

Even in those states which created three-tier system there was difference attached to each of them. Even the level at which the three- tier system operates in different states differs. Despite these differences the basic pattern of the system is largely based on the recommendations of the Mehta Committee.

Some of the main defects found in Panchayati Raj System in India are as follows

The Panchayati Raj in India has not been an absolute success. Its functioning all these years has demonstrated numerous shortcomings. Some of the defects of the system are as follows:

1. Unscientific distribution of functions:

The Panchayati Raj scheme is defective in so far as the distribution of functions between the structures at different levels has not been made along scientific lines. The blending of development and local self- government functions has significantly curtailed the autonomy of the local self government institutions.

Again it has virtually converted them into governmental agencies. Even the functions assigned to the Panchayat and the Panchayat Samiti overlap, leading to confusion, duplication of efforts and shifting of responsibility.

2. Incompatible relation between the three-tiers:

The three-tiers do not operate as functional authorities. The tendency on the part of the higher structure to treat the lower structure as its subordinate is markedly visible. M. P. Sharma rightly observes the hierarchical domination and predominance, “fitters down step by step from Zilla Parishad to Panchayat Samiti and from them to the Village Panchayats” Needless to state that this kind of mutual relationship is not in comensurate with the genuine spirit of democratic decentralisation.

3. Inadequate finance:

The inadequacy of funds has also stood in the way of successful working of the Panchayati Raj. The Panchayati Raj bodies have limited powers in respect of imposing cesses and taxes. They have very little funds doled out to them by the State Government. Further, they are generally reluctant to raise necessary funds due to the fear of losing popularity with the masses.

 4. Lack of cordial relation between officials and people:

Introduction of the Panchayati Raj aimed at securing effective participation of the people. But in reality this hardly happens since the key administrative and technical positions are manned by the government officials.

Generally there is lack of proper cooperation and coordination between the people and the officials like Block Development Officers, the District Officers etc. Again the officers fail to discharge the development duties more efficiently and sincerely.

5. Lack of conceptual clarity:

There is lack of clarity in regard to the concept of Panchayati Raj itself and the objectives for which it stands. Some would treat it just as an administrative agency while some others look upon it as an extension of democracy at the grass roots level, and a few others consider it a charter of rural local government. What is all the more intriguing is the fact that all these conceptual images could co-exist simultaneously tending to militate against each other every now and then.

6. Undemocratic composition of various Panchayati Raj institutions:

Various Panchayati Raj Institutions are constituted setting aside democratic norms and principles. The indirect election of most of the members to Panchayat Samiti only increases the possibility of corruption and bribery. Even the Zilla Parishad consists of mainly ex-officio members. They are, for the most part, government officials. This negates sound democratic principles.

7. Disillusionment on structural-functional front:

The performance of Panchayati Raj Institutions has been vitiated by political cum caste factionalism, rendering developmental projects into chimeras. Corruption, inefficiency, scant regard for procedures, political interference in day to day administration, parochial loyalties, motivated actions, power concentration instead of true service mentality- all these have stood in the way of the success of Panchayati Raj. Furthermore, the power to supercede the local bodies on the part of the State Government clearly violates the spirit of democratic decentralisation.

8. Administrative Problem:

The Panchayati Raj bodies experience several administrative problems. They are the tendency towards politicization of the local administration, lack of co-ordination between the popular and bureaucratic elements, lack of proper incentives and promotion opportunities for administrative personnel and apathetic attitude of the government servants towards development programmes etc.

9. Politics is an inevitable part of a democratic frame -work:

The manipulative nature of rural politics is manifest in the techniques used at the time of elections. The fact-finding research teams observe that the caste system in rural India has made a mockery of the concept of rural development. Even the Panchayat elections are fought on caste grounds and the traditional dominant castes have manoeuvred in such a way that they still occupy the positions of power in the changed set-up.

Once the dominant castes have managed to occupy important positions where the decisions are made, they find it easy to manipulate the plans to serve their best interests. Consequently, the schism of caste grows wider day by day, alienating the low castes farther and farther from participating in rural development programmes.

The political elite in the villages develops a vested interest in the perpetuation of the caste system. As a result, the Panchayats which were to bring about social changes have themselves become victims of caste divisions. As K. Seshadri pointed out, the institution which was created to bring changes in the socio-economic structure, due to the mere logic of the situation, legitimises the authority of socially and economically well-off persons.

10. It is being increasingly noticed that the Panchayati Raj Institutions are viewed only as organisational arms of political parties, especially of the ruling party in the state. The State Government, in most states, allows the Panchayati Raj Institutions to function only upon expediency rather than any commitment to the philosophy of democratic decentralisation.

In view of the various shortcomings in the working of the Panchayati Raj Institutions, the Janata Party Government in 1977 appointed a Committee under the chairmanship of Ashok Mehta to inquire into the causes of failure in the working of Panchayati Raj bodies and suggest measures to strengthen them.

In 1978, this Committee made a number of recommendations for revitalisation of PRIs. These included: replacement of the three- tier system by a two-tier system with Mandal Panchayat at the base and Zilla Parishad at the top; assigning more powers to PRIs; making Zilla Parishad primary unit in PR system; political parties taking part in the Panchayati Raj Institutions; conducting election within six months in case of supersession of PRIs; grant of compulsory powers of taxation for Panchayati Raj Institutions to augment their resources; setting up of a Social Justice Committee to safeguard and promote the interests of the vulnerable social and economic groups, imparting training to Panchayat members etc.

The recommendations of the Ashok Mehta Committee were not honoured by the Government of Mrs. Indira Gandhi. In 1985, another Committee under the chairmanship of G. V. K. Rao was constituted. The G. V. K. Rao Committee recommended that (1) PRIs have to be activated and provided with all the required support to become effective organisations, (2) PRIs at district and block levels should be assigned the work of planning, implementation and monitoring of rural development programmes, and (3) Block Development Office should be the spinal chord of the rural development process.

A high-powered Committee was set up by the Government of India in 1986 under the chairmanship of Dr. L.M. Singhvi. The L.M. Singhvi Committee observed that a host of factors like lack of political will, lack of evaluation and feedback, reluctance to raise revenue resources through exercising taxing powers, indifference to corrective measures were responsible for the failure of the Panchayati Raj Institutions.

The Committee suggested locating means to ensure availability of adequate financial resources for Panchayati Raj Institutions. It suggested a pattern of compulsory and optional levies for PRIs in order to enable them to function effectively.

It laid stress on the training, research and public education inputs to strengthen the institutions of Panchayati Raj. The Committee also attached importance to the performance capabilities of persons connected with Panchayati Raj Institutions such as voters, elected representatives, administrative officials, voluntary workers etc.

In May, 1989, the Rajiv Gandhi Government introduced in Parliament 64th Amendment Bill which sought to reinvigorate and streamline the Panchayati Raj Institutions. It sought to provide wider powers and adequate funds to the Panchayats. But the Bill could not be passed due to the dissolution of the Lok Sabha. V. P. Singh Government also indicated its intention to introduce a new Panchayat Bill in the Parliament.

However, the Lok Sabha was dissolved and the bill could not be passed. In 1992, Narasimha Rao Government finally decided to amend the Constitution. This amendment was made by the Lok Sabha in December, 1992, by the Rajya Sabha in December, 1993 and after being ratified by 17 State Assemblies, it came to be known as 73rd Constitutional Amendment Act, 1993. The 73rd Constitutional Amendment made in 1993 came into operation in April, 1994.

The Three-Tier System of Panchayati Raj in India

 1. Village Panchayat:

In the structure of the Panchayati Raj, the Village Panchayat is the lowest unit. There is a Panchayat for each village or a group of villages in case the population of these villages happens to be too small. The Panchayat chiefly consists of representatives elected by the people of the village.

Only the persons who are registered as voters and do not hold any office of profit under the government are eligible for election to the Panchayat. The persons convicted by the court for criminal offences are disqualified from election of the Panchayat.

There is also provision for co-option of two women and one member of the Scheduled Castes and Scheduled Tribes, if they do not get adequate representation in the normal course.

The Panchayat as a body is accountable to the general body of the village known as Gram Sabha which meets at least twice a year. The Gram Panchayat must present its budget, accounts of the previous year and annual administrative report before the Gram Sabha. Furthermore, it has to secure the latter’s approval of the village production plan, proposals for taxation and development programmes before they are enforced by the Panchayat.

Every Panchayat elects a President or Sarpanch and a Vice-President or Upsarpanch. In some states the Sarpanch is directly elected by the Gram Sabha either through the show of hands or through secret ballot while in other states the mode of election is indirect.

The Sarpanch occupies a pivotal position in Gram Panchayat system. He supervises and coordinates the various activities of the Panchayat.

He is an ex-officio member of the Panchayat Samiti and participates in its decision-making as well as in the election of the Pradhan and of the members of various Standing Committees. He acts as the executive head of the Panchayat, represents it in the Panchayat Samiti as its spokesman and coordinates its activities and those of other local institutions like cooperatives.

The Panchayat Secretary and the Village Level Worker are the two officers at the Panchayat level to assist the Sarpanch in administration.

The Panchayat Secretary assists the Panchayat in recording decisions, keeping minutes, preparing budget estimates and reports, and does other sundry jobs like preparing notices, explaining circulars, organising Gram Sabha meetings etc.

The Village Level Worker now called Village Development Officer assists the Panchayat in drawing up agricultural production plans, helps farmers in securing loans for agriculture, arranges the supply of inputs like seeds and fertilizers, and educates farmers about modern agricultural practices. He serves as the principal link between the Panchayat and the Panchayat Samiti.

He keeps the Panchayat informed of various development programmes and reports to the Panchayat Samiti about the progress of the schemes and achievement of targets. He is accountable to the Sarpanch at the Panchayat level on the one hand, and to the Block Development Officer and extension officers on the other hand at the Samiti level.

The Gram Panchayats can levy certain taxes and duties to meet their expenses. Some of the taxes which the Gram Panchayats can levy include tax on animals, vehicles, house, vacant lands and professions. They can also levy duty on transfer or property situated in the area under their jurisdiction.

The fees paid for presenting civil criminal cases before the Panchayats and fines on account violation of Panchayat laws are other sources of its income. But a, as the duties to be performed by the Panchayats are so onerous that they have to depend on the state government for further finances.

As regards the principal functions performed by the Village Panchayat, they include maintenance of roads, wells, schools, burning and burial grounds, sanitation, public health, libraries, reading rooms, community centre etc.

The Panchayat also keeps records of births and deaths. It makes necessary provisions for the promotion of agriculture and animal husbandry, cottage CONTI industries, co-operative societies etc. The minor disputes among residents of village are also settled by the Village Panchayat.

It seeks to ensure a minimum standard of cultivation for raising agricultural production. In addition, the Panchayat also acts as the agent of the Panchayat Samiti in executing schemes of development at the village level.

2. Panchayat Samiti:

The Panchayat Samiti is the second on join tier of the Panchayati Raj. The Balwant Rai Mehta Committee report has envisaged the Samiti as a single representative and vigorous democratic institution to take charge of all aspects of development in rural areas. The Samiti, according to the Committee, offers “an area large enough for functions which the Village Panchayat cannot perform and yet small enough to attract the interest and services of residents.”

Usually a Panchayat Samiti consists of 20 to 60 villages depending on area and population. The average population under a Samiti is about 80,000 but the range is from 35,000 to 1, 00,000. The Panchayat Samiti generally consists of- (1) about twenty members elected by and from the Panches of all the Panchayats falling in the block area; (2) two women members and one member each from the Scheduled Castes and Scheduled Tribes to be co- opted, provided they do not get adequate representation otherwise;

(3) two local persons possessing experience of public life and administration, which may be beneficial for the rural development; (4) representatives of the Co-operatives working within the jurisdiction of the block; (5) one representative elected by and from the members of each small municipality lying within the geographical limits of a block; (6) the members of the State and Union legislatures representing the area are to be taken as associate members.

The President of the Panchayat Samiti is the Pradhan, who is elected by an electoral college consist of all members of the Panchayat Samiti and all the Panchas of the Gram Panchayat falling within the areas. Besides the Pradhan, the Up-pradhan is also elected. The Pradhan convenes and presides over the Panchayat Samiti meetings. He guides the Panchayats in making plans and carrying out production programmes.

He ensures the implementation of the decisions and resolutions of the Samiti and its Standing Committees. He exercises administrative control over the Vikas Adhikari (BDO) and his staff. He is a member of the Zilla Parishad by virtue of his office as a Pradhan. He is the ex- officio chairman of the Standing Committees of the Samiti.

As the Chief Executive Officer of the Panchayat Samiti, the Block Development Officer is entrusted with the responsibility for implementing the resolutions of the Samiti and its Standing Committees. He prepares the budget of the Samiti and places it before the Samiti for approval. Preparing the annual report of the Samiti and sending it to the Zilla Parishad and State Government also comes within the purview of his responsibility. He is accountable to the President of the Samiti for his actions.

The principal function of the Panchayat Samiti is to co­ordinate the activities of the various Panchayats within its jurisdiction. The Panchayat Samiti supervises the work of the Panchayats and scrutinises their budgets. It also reserves the right to suggest measures for improving the functioning of the Panchayats. The Samiti is charged with the responsibility of preparing and colon implementing plans for the development of agriculture, animal to SU (husbandry, fisheries, small scale and cottage industries, rural health tropic etc.

On the face of things it may appear that the Panchayat Samiti enjoys enormous powers. But the reality is something different. It has no independence in instituting special programmes or development projects of its choice. It simply carries out the directives of the State Government pertaining to specific projects.

Furthermore, the primacy of the non-elected members of the Samiti over the elected members amounts to a mockery of democracy so far as democratic decentralisation is concerned. Despite all world these it cannot be gainsaid that the Panchayat Samiti serves as a launching pad for the political leaders for higher responsibilities at the district and state levels.

3. Zilla Parishad:

The Zilla Parishad stands at the apex of the three-tier structure of the Panchayati Raj system. Generally, the Zilla Parishad consists of representatives of the Panchayat Samiti; all the members of the State Legislature and the Parliament representing a part or whole of the district; all district level officers of the Medical, Public Health, Public Works, Engineering, Agriculture, Veterinary, Education and other development departments.

There is also a provision for special representation of women, members of Scheduled Castes and Scheduled Tribes provided they are not adequately represented in the normal course. The Collector is also a member of the Zilla Parishad.

The Chairman of the Zilla Parishad is elected from among its members. There is a Chief Executive Officer in the Zilla Parishad. He is deputed to the Zilla Parishad by the State Government. There are subject matter specialists or officers at the district level in all the states for various development programmes.

The Zilla Parishad, for the most part, performs co-ordinating and supervisory functions. It coordinates the activities of the Panchayat Samitis falling within its jurisdiction. In certain states the Zilla Parishad also approves the budgets of the Panchayat Samitis.

The Zilla Parishad also renders necessary advice to the Government with regard to the implementation of the various development schemes. It is also responsible for the maintenance of primary and secondary schools, hospitals, dispensaries, minor irrigation works etc. It also promotes local industries and art.

The finances of the Zilla Parishad consist of the grants received from the State Government and share in the land cess and other local cess and taxes. Sometimes it has been allowed by the State Government to levy certain taxes or enhance the taxes already levied by the Panchayat Samitis subject to a certain limit.