Panchayet Background
Village communities have been in existence for over centuries and panchayat has been part of these communities since then. The existence of Sabhas – an autonomous village body has been mentioned during the time of the Rigvedic age (1200 bc). As time went on these bodies transformed into modern-day panchayats. Panchayats are grassroots-level institutions responsible for governance in every village. Both executive power as well as and judicial power were enjoyed by the elected council or village panchayat. In ancient times every Indian village had a village panchayat that used to function as an autonomous body. They were free from state interference.
The village panchayats lost
their importance during the early British period. The dispute-related matters occurring in the
villages began to be brought before the city courts for hearing and
decision. In Bombay and Madras
Presidencies some attempts were made to
organize autonomous village bodies in the 19th century but the then
district authorities did not encourage them.
It was during the time of Lord Ripon that the subject of local
self-government got a new momentum. But,
the successors of Lord Ripon did not stress the local self-government. When dyarchy was introduced in provinces in
1919 and the local self-government was made a transferred subject, the village Panchayat Act was passed in a number of Indian provinces and the new era of
establishment and functioning of village panchayat begin. But then,
due to a lack of funds and adequate resources, the village panchayat system could not
succeed. After the Government of India
Act, 1935 came into force and full-fledged provincial autonomy was
established, the village panchayats
again got a new impetus. When the Second
World War started, responsible
governments stepped down. As a result the village panchayats again got a
setback. After the war was over and
election for the provincial legislative assemblies took place in 1946 and
responsible governments took charge a new era of village panchayat started.
Initiatives after independence
Following India's independence
in 1947, a number of provinces adopted new village panchayat acts in an attempt
to develop village panchayats as self-governing units. The constitution of
independent India also prescribed the formation of village panchayats and grant
them powers and authority in such a way that enable them to act as local
self-government bodies.
In the 50's decade:
The Government of India constitute a committee in 1957 under the chairmanship of Balwant Rai Mehta to inspect the implementation and functional aspect of CDP and NES and to report on the creation of a self-governing unit through which the participation of the rural population could be ensured. In the same year that is 1957, the committee submitted its report to National Development Council.
The main proposal/suggestions of the committee are as follows - 3 tier system of Panchayati Raj to be created. The top decentralized/governing unit at the district level is the Zilla Parisad, the middle-level decentralized unit is the Panchayet Samiti, and the grass-root level decentralized unit is the gram panchayat. There should be a sufficient transfer of power to these institutions so that they can act as a self-governing unit. Sufficient resources should be provided to the governing bodies, all developmental schemes should be channeled through these institutions.
Indian Village Panchayat Picture |
In the 70's decade:
In 1977 Morarji Desai government attempt to revitalize and
strengthen the democratic decentralization process by appointing a committee chaired
by Ashok Mehta which submitted its report in 1978. Some of its recommendations
are as follows- the creation of a two-tier system of Panchayat, the apex decentralized
unit at the district level is the Zilla Parishad, and below it, the next
decentralized unit is the Mandal panchayat consisting of a number of villages that
have a population between 15000 to 20000, Nyaya panchayat should be kept as a separate entity from that of development panchayat. Nyaya panchayat to be
presided over by a qualified judge, reservation of seats for SC/ST on the basis
of their population, taxation power of Panchayat, provision of social audit to be conducted by the district
level agency and by a committee of legislators, State Council of Ministers
should contain a minister for Panchayati Raj to look into the matters of self-governing
institutions.
In the 80's decade:
- Polls for the Panchayati Raj institution are to be held on a regular basis.
- A post of District Development Commissioner should be created to oversee the development of all departments at the district level.
- Zila Parishad should be designated as the primary body in charge of handling/managing all development programs at the district level.
In 1986 a committee
under the chairmanship of LM Singhvi was set up for the revitalization of the panchayat. Some of its recommendations are-
- Constitutional recognition for Panchayati Raj institutions.
- Placement of Nyaya panchayat.
- Village panchayat to have more financial resources.
- The establishment of Gram Sabha.
Rajiv Gandhi's
government introduce the 64th Constitutional Amendment Bill in Lok Sabha in the
year 1989 to constitutionalize the
Panchayati Raj system. though the bill
was passed in the lower chamber of the Indian Parliament (Lok Sabha) but this was not
approved in the upper chamber of the Indian Parliament (Rajya Sabha).
73rd Amendment Act,1992:
The salient
features of the 73rd Amendment Act 1992
are as follows:
- A new part 9 was added to the constitution of India by this Act.
- Called the panchayat and the detailed provisions of it are mentioned from Article 243 TO Article 243o.
- A new schedule called the eleventh schedule was added to the constitution which contains 29 functional items of the panchayat.
- This act gave constitutional status to the self-governing institutions or the Panchayet. this act brings the Panchayati Raj institution under the purview of the Justiciable part of the constitution. Article 40 in part 4 of the constitution find mentions the organizing of village panchayat but the directive principles (part 4) are non-justiciable in nature. When the Panchayati Raj institution becomes a justiciable part, this matter no longer remains an ordinary directive to the State, now the state governments are under constitutional obligation to form panchayat, holding of the election, and implement other provisions of this act.
- This act provides for a three-tier system of Panchayat- gram panchayat is decentralizing unit at the grassroots or base level, Panchayat Samiti the intermediary decentralizing unit at the block level, Jila Parishad is the highest decentralizing unit at the district level.
- The act also provides for Gram Sabha consisting of all registered voters of the panchayat area who elect the members of Gram Panchayat after every 5 years. (to be continued)
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