Local Government – Municipality and Panchayati Raj System in India

Panchayati Raj is nothing but a system of self-governance in the nation. This system has been established across the states of the nation by the legislature to ensure democracy at the grass-root level. Let us learn more about Local Government –  Panchayati Raj System in India.

Panchayati Raj System in India

The Panchayati Raj System was constitutionalized, under the 73rd constitutional amendment, back in the year 1992. Where the Panchayat works in the backdrop villages of the country, the municipality works in the running cities and states.

Elections, Auditing, Powers, and Authority of Panchayat’s 3 Tier Structure

PART IX of the Indian Constitution envisages a three-tier system of Panchayats, which are at –

(a) The Village Level Panchayat
(b) The District Level Panchayat
(c) The Intermediate Level Panchayat

Village Panchayat

The Village Level Panchayat is at the lowest level in the hierarchy and is also known as Gram Panchayat. It works precisely towards taking care of the social issues constructing and maintaining schools, etc. The Gram Panchayat is also responsible for the general body of voters in the village.

District Level Panchayat

The District Level Panchayat is at the top. It is also known as Zila Parishad. The district-level panchayat is supposed to oversee the working of the Panchayat Samitis and make developmental plans at the district level. It is headed by the chairman, and it also consists of the Chief Executive Officer.

Intermediate Panchayat

The Intermediate Level Panchayat stands between the Village and District Panchayats in the States. It is constituted in the state where the population is more than 20 lakhs. It is also known as the Panchayat Samiti.

Power and Authority of the Panchayat

The panchayats are bestowed with the power and authority by the state legislature that enables them to work effectively as institutions of self-governance. The Panchayats are supposed to make plans for social justice and economic development of the area.

The Schemes are concerning 29 important matters that are mentioned in XI Schedule XI, like agriculture, primary and secondary education, health and sanitation, rural housing, the welfare of weaker sections, drinking water, social forestry, and so forth shall be made by them.

Election of the members of the Panchayat

It must be noted that the members of Panchayat are elected directly. However, if a state decides to intervene then the members of a state legislature or the members of the parliament. It can also represent in the district and middle-level panchayats.

Composition of a Three-tier structure

According to the three-tier system of the Panchayati Raj, at the village level, we have a Gram Panchayat. At the block level, we have the Panchayat Samiti and at the district level is the Zila Parishad.

73rd Constitutional Amendment

Part IX of the Indian Constitution consists of article 243 to Article 243O. The 73rd amendment added part IX to the constitution, which is termed as, “The Panchayats”. Further, it also added the eleventh schedule which contains 29 functional items of the panchayats of the country.

Article 40 of the constitution was bought into shape with this amendment act. Panchayati Raj also came under the justiciable part of the constitution under the act. It was one of the most significant amendments concerning creating democratic institutions at the grassroots level of the nation.

Under this act, the duration of the Panchayats was set at 5 years, where it can also be dissolved before the end of its term. The legislature may also Authorise a panchayat to collect, levy, and appropriate taxes, tolls, duties, and fees.

It can further assign the panchayat taxes, duties, tolls, and fees levied and collected by the state government. The legislature shall provide for making grants-in-aid to panchayats from the consolidated fund of the respective state.

74th Constitutional Amendment

The 74th constitutional amendment was introduced back in the year 1992. it brought some significant changes to the structure and the functioning of the local and the urban forms of government. Some of the changes it cited were –

1. It helped in constituting urban local bodies like Municipal Council, Municipal Corporation, and Nagar Panchayat in states across the country.
2. It promoted fair and regular conduct of the municipal election by the State Election Commission.
3. This promoted the representation of the weaker sections of the society.
4. It provided a provision for the suppression of municipal government for a maximum of six months.
5. It helped in the constitution of the State Finance Commissions which are supposed to look into the financial position of the municipalities.

Metropolitan Planning Committee and Urban Development Reservation

A metropolitan planning committee is supposed to make a development draft for the area. The Legislature holds control over the Metropolitan planning committee. It can make provisions regarding the composition, election, representation, and functions of such committees.

It also states that 2/3rd of the members of the metropolitan planning committee shall be elected by the selected members of the municipalities and the chairpersons of the panchayats in the metropolitan area.

However, there are a few considerations that shall be taken into account by the Metropolitan Planning Committee while planning the development draft of an area. They are –

1. Considering the plans of municipalities and Panchayats in the respective area.
2. Having matters of common interest between the municipality and the Panchayat.
3. Having regards to the objectives and the priorities that are set by the Indian Government.

Disqualification for Membership

Under article 243F of the Indian Constitution, a member of the Panchayat can be disqualified under certain situations. The member can also be disqualified by a law that has been made under the Legislature of the state.

Reservation of seats in Panchayati Raj System

Discerning the rampant discrimination in the country, the authors of the constitution gave special reservations for the backward and the less involved sects of the society. Article 243D of the Indian Constitution talks about different reservations for the varied sects. The article says –

1. Seats shall be reserved for the SCs and STs. The proportion of the ratio of this reservation depends from village to village. The reservation should be in the same ratio as the ratio of these classes in a particular village.
2. One -third of the seats mentioned in point-1 is reserved for the women belonging to SC and ST.
3. Including the seats in the second point, one-third of the seats are reserved for the women.
4. The office of the chairperson at the village and any other level of the panchayat are reserved for the SC and ST and the women.

Duration of Panchayats

Article 243E of the Indian Constitution says that an elected panel of the Panchayat is supposed to operate for five years. It further also says that the election of the new Panchayat should be 6 months before the expiry of the existing Panchayat.

Finance Commission

Under article 243I of the Indian constitution, a Finance Commission can be made by the Panchayats to help in the mobilization of the funds. Some of the prominent provisions under this Article include –

1. The commission will be appointed by the governor. The governor is also responsible for reviewing the financial position of the Panchayat and making recommendations as and when required.
2. The composition, qualification of members, and the powers of the commission will be decided by the legislature.
3. The recommendations of the commission should be conversed to the state by the Governor.

Types of Urban Local Bodies

The different types of urban local bodies are Municipal Corporation, Municipality, Township, Port trust, Special purpose agency, Town Area Committee, Notified Area Committee, and Cantonment board.

Conclusion

To make the Panchayats more effective and efficient in planning the economic development and social justice schemes, the government needs to make some efforts.

It shall make adequate attempts to devolve funds, functionaries, and functions to the panchayats, the municipalities, and the metropolitan planning committee.