Panchayats and Municipalities
Panchayats
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.
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-
- About twenty members elected by and from the Panches of all the Panchayats falling in the block area;
- 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;
- Two local persons possessing experience of public life and administration, which may be beneficial for the rural development;
- Representatives of the Co-operatives working within the jurisdiction of the block;
- one representative elected by and from the members of each small municipality lying within the geographical limits of a block;
- the members of the State and Union legislatures representing the area are to be taken as associate members.
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.
Municipalities
74th Constitutional Amendment added a new part IX-A to the Constitution entitled as ‘The Municipalities’ and a new Twelfth Schedule containing 18 functional items for municipalities. The main provisions of this Act can be grouped under two categories–compulsory and voluntary.
Some of the compulsory provisions which are binding on all States are:
- Constitution of Nagar panchayats, municipal councils and municipal corporations in transitional areas (areas in transition from a rural area to urban area), smaller urban areas and larger urban areas respectively;
- Reservation of seats in urban local bodies for Scheduled Castes / Scheduled Tribes roughly in proportion to their population; Reservation of seats for women up to one-third seats;
- The State Election Commission, constituted in order to conduct elections in the panchayati raj bodies (see 73rd Amendment) will also conduct elections to the urban local self- governing bodies;
- The State Finance Commission, constituted to deal with financial affairs of the Panchayati Raj bodies will also look into the financial affairs of the local urban self governing bodies;
- Tenure of urban local self-governing bodies is fixed at five years and in case of earlier dissolution fresh elections are to be held within six months;
Composition
The Municipal bodies are constituted of persons chosen by direct election from the territorial constituencies (known as wards) in the municipal area. However, the Legislature of a State may, by law, provide for the representation in a municipal body of persons having special knowledge or experience of municipal administration, the members of Rajya Sabha, Lok Sabha and the members of Legislative Council and Legislative Assembly of the State, representing constituencies, which comprise wholly or partly the Municipal Area.The state legislature may also provide the manner of the election of the Chairpersons of a municipality. The state legislature may also provide the manner of the election of the Chairpersons of a municipality.
Empowerment of weaker sections of society and women by reserving seats for such groups is one of the important constitutional provisions of the Constitutional Amendment. The offices of chairperson are also reserved for SC/ST and women. Thus, at least one year, out of five year duration of Municipal Corporation of Delhi, the office of Mayor is reserved for a woman, and for one year is reserved for a Councillor of Scheduled Caste. It gives a term of five years to the municipalities and if any of them is to be dissolved, it must be given an opportunity of being heard.
Electoral Process
On conduction of election to these representatives of PRIs, by and large, since state formation the Congress Party has emerged as the dominant party which professed Nehruvian vision of democratic socialistic Maharashtra. The party with the help of newly emerging PRIs looked upon as the instruments to extend democracy to the masses in the rural areas, to usher in the area of economic prosperity and egalitarian society. Over the years, the Congress Party controlled not only the State Government but also the PRIs. The foremost Congress Party coincided with the dominance of the Maratha caste which enjoyed a decisive power in the State as a whole, largely due to its numerical strength, economic and political clout and high ritual status. However, Shiv Sena in alliance with Bharatiya Janata Party (BJP) challenged the Congress Party in 1995 and claimed share in controlling PRIs. Subsequently, the Congress Party divided in 1999 and Nationalist Congress Party (NCP) under the leadership of Sharad Pawar fragmented the local political share controlled the PRIs. In Maharashtra election to rural local bodies always play a crucial role in the state politics for two reasons. First, they accommodate a large number of local aspirants within the network of formal power. Second the rural local bodies helped the consolidation of the state level political parties at the grass root level. The direct election of local bodies ensured a competitive recruitment developed by the state political parties. As observed many state and national level important political leaders come through used to come from a background of competitive local politics (Palshikar, 1999). Therefore, election to rural bodies always play significant role in state politics. As show, elected representatives in three-tier bodies backed by congress party dominated during 1962 to 1992 and latter Shiv Sena and BJP supported candidates control local bodies. In fact, since the 73rd and 74th Amendment Acts (1993), many academics and activists have been hoping for a democratic revolution at the grass root level. But, as observed, these amendments have only given enhanced constitutional status to the local bodies in the state. Further, it is observed that the provision regarding direct elections every five years, the formation of state level finance commission and election commission, reservation of seats for women, though, are some noteworthy features introduce by these amendments, but the main devolution of power on the basis of eleventh and twelfth schedules has been to the state legislatures. Hence, the status of ZP, Panchyat Samiti and Village Panchyat continues as agencies simply implementing various schemes devised by the state and central government. On the other hand, the local bodies simply exist as primarily political structure facilitating entry of workers into formal structures of power. Actually, these structures do not facilitate democratisation of decision-making power, nor do they ensure transparency in the functioning of the government machinery at the local level. It only helps to strengthen the political linkages between state level leadership and district level leadership and local workers on the other hand.
With regards to campaign in local bodies’ elections, it found no genuine issues prevalent in local area dominated the scene. The Shiv Sena – BJP through their meetings and press briefing tried to project the elections as a test of strength for the present state government. Similarly, congress party looked upon the local elections as an opportunity to establish themselves as a major force over the other. Besides, another feature of local election campaign is that though Maharashtra has a very wide network of NGOs and activists belonging to extraparliamentary organisations and movements but these never intervene in local elections in an effective manner. On the other hand, these NGOs are often eager to share decision –making power and implementation authority with politicians and bureaucrats. They hardly undertake any concerted effort to define the agenda, educate the public, and initiate debate at local level even in their respective areas of activity. It is ironical that they keep their distance when the ‘plebeian’ aspect of politics is under way and intervene only at the ‘expert’ stage, like imparting training to PRI members. Such ‘nongovernmental’ interventions contribute partly to de politicisation of the decision making process and an extent trivialise the role of local political process. They rarely touch the core problems of PRI system. As observed, even group of social activists and localised movements, too, choose to remain on the fringe of the election campaign. Perhaps, they have been facing dilemma of choosing Sena-BJP, Congress Party and other localised party. This may be either the local movements do not posses strength or they are frustrated with party- electoral process and remain isolated from this carnival of democracy. In fact, such isolation of NGOs and local (people’s) movement poses a nagging problem to local governance system. Firstly, this phenomenon underscores a separation between civil societies ‘interventions’ and ‘formal’ politics involving state. Such separation makes state more insensitive and pursuit of formal power more personalised. Secondly, it depoliticises all ‘grass roots ‘action, orienting the latter to a flurry of fund relate activity by a few well-meaning persons. Thirdly, the withdrawal of NGOs and movements (or their ineffective) concerning to party electoral processes perpetuates an artificial separation of the social and political arenas of activity and interventions. Therefore, it is necessary to take initiative and intervene on part of NGOs and local people’s movement in local electoral process. If not in selection of candidates, then at least, in raising certain issues in the campaign agenda for shaping voters’ choices. In fact, this does not happen. As a result, established political parties , the local ‘party less’ elements, the local press and local networks of power dominated the entire local election process suiting to their best interest and not for the common people. Besides, in all local level elections the most visible trend is the election of (or at least candidature of) large number of relatives of already active politicians of all parties. As observed, almost half the party candidates were nephews, nieces, brothers, sisters, sons, daughters, etc. of the present generation active in state politics at local level. Such local level election, in reality, paves the way for the next generation of politicians. This trend indicates that in local PRIs elections it is extremely difficult in rural Maharashtra to enter into politics unless one has a family connection.
The 73rd and 74th Constitutional Amendment Acts, 1992, which gave Constitutional status to panchayati raj institutions (PRIs) and urban local bodies (ULBs) respectively, in both letter and spirit in order to bring about greater decentralisation and increase the involvement of the community in planning and implementing schemes and, thus, increase accountability.
The Amendments left important matters such as implementation, service delivery (including local capacity building) and transfer of responsibilities and powers to rural local bodies at the discretion of the state legislatures. Consequently, while expenditure responsibilities of local bodies are extensively enhanced, there is no law to ensure a corresponding assignment of funds to match the additional responsibilities.
Panchayats and Municipalities will be “institutions of self-government”.
1. Basic units of democratic system-Gram Sabhas (villages) and Ward Committees (Municipalities) comprising all the adult members registered as voters.
2. Three-tier system of panchayats at village, intermediate block/taluk/mandal and district levels except in States with population is below 20 lakhs (Article 243B).
3. Seats at all levels to be filled by direct elections [Article 243C (2)].
4. Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) and chairpersons of the Panchayats at all levels also shall be reserved for SCs and STs in proportion to their population.
5. One-third of the total number of seats to be reserved for women. One third of the seats reserved for SCs and STs also reserved for women. One-third offices of chairpersons at all levels reserved for women (Article 243D).
6. Uniform five year term and elections to constitute new bodies to be completed before the expiry of the term. In the event of dissolution, elections compulsorily within six months (Article 243E).
7. Independent Election Commission in each State for superintendence, direction and control of the electoral rolls (Article 243K).
8. Panchayats to prepare plans for economic development and social justice in respect of subjects as devolved by law to the various levels of Panchayats including the subjects as illustrated in Eleventh Schedule (Article 243G).
9. 74th Amendment provides for a District Planning Committee to consolidate the plans prepared by Panchayats and Municipalities (Article 243ZD).
10. Funds: Budgetary allocation from State Governments, share of revenue of certain taxes, collection and retention of the revenue it raises, Central Government programmes and grants, Union Finance Commission grants (Article 243H).
11. Establish a Finance Commission in each State to determine the principles on the basis of which adequate financial resources would be ensured for panchayats and municipalities (Article 243I).
The civic functions relating to sanitation, cleaning of public roads, drains and ponds, public toilets and lavatories, primary health care, vaccination, supply of drinking water, constructing public wells, street lighting, social health and primary and adult education, etc. are obligatory functions of village panchayats. The optional functions depend on the resources of the panchayats. They may or may not perform such functions as tree plantation on road sides, setting up of breeding centres for cattle, organising child and maternity welfare, promotion of agriculture, etc.
The State Finance Commissions are required to recommend financial support from the state and principles for determination of taxes, tolls and fees that could be assigned to or appropriated by the local bodies
Article 243I of the Indian Constitution prescribes that the Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to
The principles which should govern
- The distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;
- The determination of the taxes, duties, tolls and fees which may be assigned as, or appropriated by, the Panchayats;
- The grants-in-aid to the Panchayats from the Consolidated Fund of the State;
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