Ministry of Panchayati Raj
Table of contents 1. An Intr Introd oduc ucti tion on 2. Mai Main fea feattures ures 3. Powers Powers and respon responsib sibili iliti ties es 4. 3-tier 3-tier system system of Panc Panchay hayati ati Raj a) Village level panchayat b) Block(intermediate) level panchayat c) District level panchayat 5. Main Problems 6.Reservation for Woman in Panchayati Raj Institutions 7.Implications of constitutional of constitutional 73rd & 74 Amendment 8). Challenges a. Gram Panchayat is not really the lowest unit for implementation b. Lack of capacities at the Gram Panchayat for planning, estimation of works c. Lack of availability of local line department d epartment functionaries/lack of local technical skills d. Lack of information e. Delays in fund transfer to the Gram Panchayat- low accountability of the higher institutions. f. Riders for NREGA: Challenges of backward districts 9).In conclusion
1. An Introdu Introduction ction :Panchayats have been the backbone of the Indian villages since the beginning of recorded history. Gandhiji, the father of the nation, in 1946 had aptly remarked that the Indian Independence must begin at the bottom and every village ought to be a Republic or Panchayat having powers. Gandhiji’s dream has been translated into reality with the introduction of the three-tier Panchayati Raj system to ensure people’s participation in rural reconstruction. The constitution of free India envisaged organization of village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of Local self government.The government of India set up a commit committee tee in June June 1986 1986 which which recomme recommende nded d the Pancha Panchayat yatii Raj instit instituti utions ons should should be constitut constitutional ionally ly recognized recognized,, protecteda protectedand nd preserved. preserved. Late Shri Rajiv Gandhi's government accepted the recommendationsof the Committee and brought forw forward ard the the 64th 64th Cons Consti titu tuti tion onal al Amen Amendm dmen entt Bill Bill.. But But theB theBil illl coul could d not not be enacted. Panchayati Raj Institutions were constituted in the various states but it could not live live upto upto the the expe expect ctat atio ions ns for for vari variou ouss reas reason ons. s. Keep Keepin ing g in view view the the past past expe experie rienc nces es,, it beco become me impera imperati tive ve to prov provid idee cons consti titu tuti tion onal al stat status us to loca locall selfgovernment to impart certainty, continuity and strength. Thus, the constitution 73rd Amendment Amendment Act 1992 came into effect which envisages envisages states to establish establish a three three tier tier system system of strong, strong, viable viable and respon responsiv sivee Pancha Panchayat yatss at the villa village, ge, intermediate and district level. Although, the Panchayati Raj in Rajasthan enjoys good reputation but it could not go upto many expectations till today i.e., strong, viable and responsive solidarity among large number of massess.Situation may not improve merely by amending the Act, What is to be needed todayis achange in thinking and bringing about a sense sense of consci conscious ousnes nesss among among the people people as well well as the admini administr strato ators. rs. New normsandethics need to be created for both which will subserve the ideals of
underlying decentralisation. Even learned foreign experts may beinvited to form opinio opinion n before before studyi studying ng the situat situation ion.. For achiev achieving ing better better results resultsand and greate greater r commitments to PRI's bodies. Likewise, Panchayats should be made more active and responsive so that social awareness and consciousness could be created at the gras grassr sroo oots ts leve level. l. It is then then,, that that the the true trueid idea eals ls and and expe experi rien ence ce in demo democr crat atic ic decentralization would walk hand in hand. Then only, as Nehru said, every one in the country would be a partner in the progress.
2. Main Features: Features:-(i) A 3-tier system of Panchayati Raj for all States having population of over 20 lakh (ii) Panchayat elections regularly every 5 years (iii) Reservation of seats for Scheduled Castes, Scheduled Tribes and women (not less than one-third of seats) (iv) Appointment of State Finance Commission to make recommendations as regards the financial powers of the Panchayats and (v) Constitution of District Planning Committees to prepare development plans for the district as a whole.
3. Powers and responsibilities :*Preparation of plan for economic development and social justice. *Implementation of schemes for economic development and social justice in relation to 29 subjects given in Eleventh Schedule of the Constitution. *To levy, collect and appropriate taxes, duties, tolls and fees.
4. 3-tier system of Panchayati Raj :a) Village level panchayat b) Block(intermediate) level panchayat c) District level panchayat.
a).Village level panchayat:It is called a Panchayat at the village level. It is a local body working for the good of the village. The number of members usually ranges from 7 to 31; occasionally, groups are larger, but they never have fewer than 7 members.
b). Intermediate level panchayat:Panchayat samiti is a local government body at the tehsil or Taluka level in India. It works for the villages of the Tehsil or Taluka that together are called a Development Block. The Panchayat Samiti is the link between the Gram Panchayat and the district administration. There are a number of variations of this institution in various states. It is known as Mandal Praja Parishad in Andhra Pradesh, Taluka panchayat in Gujarat, Mandal Panchayat in Karnataka, etc.In general it's a kind of Panchayati raj at higher level. Constitution
It is composed of ex-officio members (all sarpanchas of the panchayat samiti area, the MPs and MLAs of the area and the SDO of the subdivision), coopted members (representatives of SC/ST and women), associate members (a farmer of the area, a representative of the cooperative societies and one of the marketing services) and some elected members. The samiti is elected for 5 years and is headed by the chairman and the deputy chairman. Departments
The common departments in the Samiti are as follows: 1.
General ad administration
2.
Finance
3.
Public works
4.
Agriculture
5.
Health
6.
Education
7.
Social welfare
8.
Info Inform rmat atiion Tec Technol hnolo ogy and and othe others rs..
There is an officer for every department. A government appointed block development officer is the executive officer to the samiti . Functions
1.
Imple Impleme ment nt sche scheme mess for for the the dev devel elop opme ment nt of agri agricu cult ltur ure. e.
2.
Estab Establi lish shme ment nt of of prim primar ary y hea healt lth h cent centre ress and and pri prima mary ry sch schoo ools ls..
3.
Supp Supply ly of of drin drinki king ng wat water er,, drai draina nage ge,, cons constru truct ctio ion/ n/re repa pair ir of of roads roads..
4. Deve Develo lopm pmen entt of cot cotta tage ge and and sma small ll-s -sca cale le ind indus ustr trie iess and and open openin ing g of cooperative societies. 5.
Est Establ ablishm ishmen entt of of yout youth h org orgaanisa nisati tio ons. ns.
Sources of income
The main source of income of the panchayat samiti are grants-in-aid and loans from the State Government.
c).District level panchayat:In the district level of the panchayati raj system you have the " zilla parishad". parishad ". It looks after the administration of the rural area of the district and its office is
located at the district headquarters. The Hindi word Parishad m eans Council and Zilla Parishad translates to District Council. It is headed by the "District Collector" or the "Distric Magistrate" or the "Deputy "Deputy Comminissioner". it is the link between between the state government and the panchayat samiti (local seld government at the block level) Constitution
Members of the Zilla Parishad are elected from the district on the basis of adult franchise for a term of five years. Zilla Parishad has minimum of 50 and maximum of 75 members. There are seats reserved for Scheduled Castes, Scheduled Tribes, backward classes and women. The Chairmen of all the Panchayat Samitis form the members of Zilla Parishad. The Parishad is headed by a President and a Vice-President. Functions
1. Provide essential services and facilities to the rural population and the planning and execution of the development programmes for the district. 2. Supply improved seeds to farmers. Inform them of new techniques of training. Undertake construction of small-scale irrigation projects and percolation tanks. Maintain pastures and grazing lands. 3. Set up and run schools in villages. Execute programmes for adult literacy. Run libraries. 4. Start Primary Health Centers and hospitals in villages. Start mobile hospitals for hamlets, vaccination drives against epidemics and family welfare campaigns. 5. Construct bridges and roads. 6. Execute plans for the development of the scheduled castes and tribes. Run ashramshalas for adivasi children. Set up free hostels for scheduled caste students.
7. Encourage entrepreneurs to start small-scale industries like cottage industries, handicraft, agriculture produce processing mills, dairy farms, etc. implement rural employment schemes. 8. They construct roads,schools,& public properties.And they take care of the public properties. 9. They even supply work for the poor people.(tribes,scheduled caste,lower caste) Sources of Income
1. Taxes on water, pilgrimage, markets, etc. 2. Fixed grant from the State Government in proportion with the land revenue and money for works and schemes assigned to the Parishad.
5.Main Problems :Started with great hope and enthusiasm some of the major problems and short comings that devoted in the working Panchayati Raj institutions can be identified as : (I)Election not being held on a regular r egular basis. (ii)Lack of adequate transfer of powers and resources to Panchayati institutions. (iii)Lack (iii)Lack of Panchayati Panchayati Raj bodies to generate generate their own resources resources such as tax on sale land. (iv)Non-Representation of woman and weaker sections in the elected bodies.
6.Reservation for Woman in Panchayati Raj Institutions :-
The Constitution Constitution 73rd Amendment Amendment Act in order to revive revive the existing existing Panchayati Panchayati Raj system due to its structural and functional inadequacies has made mandatory on the part of the states that theywould reserve a minimum of 30 per cent of seats to woman in their Panchayati Raj institutions so as to involve actively in the decision making process.In accordance with the 73rd Amendment 33 per cent of seats have been reserved for rural woman in the Panchayati Raj Institutions.The Statutory reservation of seatsfor woman inPanchayati Raj bodies has provided anoppo anopportu rtunit nity y for their their formal formal involv involveme ement nt in the develo developme pment nt and politi political cal proc proces esse sess at the the gras grasss root root leve levell ther thereb eby y to enab enabli ling ng them them to infl influe uenc ncee the the decisionmaking process in the local governments.
7.Implications of constitutional of constitutional 73rd & 74 Amendment:The 73rd & 74thConstitutional Amendment 16 has been made to many weakness.It has certainfeatures which arebinding on the state legislature where they can go to discretion : I.ConstitutionalStatus to Panchayati Raj Institutions. II. Reservation of Seats for Weaker Section of Society. III Direct Election of Panchayati Raj, every five years at all levels. IV. Finance Commission to be set up by State Government to devolve funds and suggest ways of financing Panchayati Raj Institutions. E lections. V.Election Commission at State Level to Conduct Panchayati Raj Elections. All these elected bodies have now, been in position for more than five years.It is thus, thus, import important ant to verify verify whethe whetherth rthee aims aims and object objective ivess of the Consti Constitut tution ional al amendmentandthe aspirations generated by it have beenmet and if so, to what extent.Various discussions, debates, conferences are being organized to see and many issues are debated for new experience.Main burning issues is to
I.Devolution of finances to PRI's bodies. II.Exercise of Power and responsibility by Panchayati Raj Institution. III.What has been the impact of the reservations especially for woman and to what extant this has helped the weaker section of society. IV.Whether the PRI's in the new set up have improved their positionregarding devo devolu luti tion on of powe powers rs and and finan financi cial al resou resourc rces es in view view of sett settin ing g up Stat Statee Financeand Election Commissions. V.What sort of training and orientation 18 would be required for thenewly elected Panchayati Raj bodies. In a net-shell the 73rd Amendment had aroused a lot of expectations and it is to beexpected that it would usherPanchayati Raj Institutionsina new and dynamic role.
8). Challenges :a. Gram Panchayat is not really the lowest unit for implementation. A majority of the primary stakeholder for the NREGA and the Bonthi PRI Project are unskilled labour in the villages. For these communities, especially those staying in villages other than the Gram Panchayat headquarters, the Gram Panchayat is still an institution at some distance. The opportunity costs for transacting with the Gram Panchayat is often the loss in daily wages. Hence, any programme designed for the unskilled labour should actually detail operational modalities that recognise their livelihood imperatives and enable their engagement. It is in this perspective that the operational modalities from Gram Panchayat to the village/hamlet level and vice versa are considered important.
b. Lack of capacities at the Gram Panchayat for planning, estimation of works.
For realizing “demystification” of technical estimates, as envisaged in the guidelines, a lot of capacity building initiative needs to focus on the Gram Panchayat and the villages. The role of the civil society is currently very limited in the guidelines. It needs to be strengthened, at least, for aspects of community capacity building, supporting implementation and for strengthening the monitoring and social audit processes. Lack of local capacities for planning and implementation is the biggest impediment for processes that seek to strengthen decentralised institutions. These constraints cannot be wished away – they have to be addressed through systematic and sustained capacity building support – there are no short-cuts. c. Lack of availability of local line department functionaries/lack functionaries/lack of local technical skills. Bonthi Gram Panchayat does not have a full time secretary. An agriculture assistant from the agriculture department is deputed as a secretary with “additional charge”. He also has “additional charge” of another nearby Gram Panchayat. Although cooperative in timely disbursal of funds for sub committees, the secretary finds little time to get intimately involved in the project activities. The Junior Engineer also shares responsibility with other panchayats. The panchayat relies on these two functionaries for all its activities.
d. Lack of information The current guideline has little stress on an organized information campaign at the village level for the NREGA. In Bonthi, we find f ind that many misconceptions exist about the programme among the community that are rare clarified through objective sources. e. Delays in fund transfer to the Gram Panchayat- low accountability accountability of the higher institutions. institutions. Fund releases from the Zila Panchayat to the Gram Panchayat take a long time to
get processed. This despite promises by officials to look into the matter, each time the matter is discussed in the Steering Committee Meetings at the Zila Panchayat. P anchayat.
Also, no communication from the Zila Panchayat P anchayat to the Gram Panchayat is made on the reasons for the delay. For, the Zila Panchayat handling multiple programmes in 175 gram panchayats, this is just another project file. Changes in officials further complicate matters, as new officials require time to understand the project. Donor intervention was required for all fund releases r eleases till date. Although the NREGA guidelines provide for punitive action on part of erring Gram Panchayats that delay job creation after a demand has been made, levels above are not equally accountable. This will prove to be a big hindrance for ensuring work as a “right” as the Act envisages. There are delays of over a year in labour payments reported from at least two villages in Bonthi Gram Panchayat.
f).Riders for NREGA: Challenges of backward districts:The 200 backward districts where the NREGA is being implemented make the Act more desirable but at the same time less feasible. Their unique socio-economic and governance problems better be understood for the NREGA to be effective . The 200 backward districts, districts, identified by the Planning Planning Commission will pose major challenges to the implementation of the NREGA because of their special problems. They are the least developed areas of the country comprising mostly marginal farmers and forest dwellers. In many of these districts poverty has increased despite consistent focus of several poverty eradication programmes. Governance has little or no presence in most m ost of these districts. The NREGA with the aim to reduce r educe poverty is thus desirable for these districts. The NREGA can target development using huge demand for casual jobs. However, the absence of governance will make the implementation difficult. It is thus imperative to understand the complex socioeconomic and governance challenges of the backward districts. This will help implement the NREGA in an effective way. And for the NREGA, these districts will decide its overall success. A difficult constituency Widespread poverty is a major feature f eature with all these districts. A large number of them are located in the arid and semi–arid regions with 94 districts covered under the Drought Prone Areas Programme (DPAP) and 8 districts covered under the Desert Development Programme (DDP).
The socio economic indicators of most of these districts are generally below the national average. Out of these 200 districts, 148 have literacy lower than the national average (63.58%) while the rate of female literacy in 154 districts is lower than the national average of 54.16%. Also, the proportion of SC/ST population in most of these areas is higher than in other areas. In 41 of them (which does not include Jamtara, Latehar, Simdega, Sraikela-Kharsawan districts of Jharkhand for which census 2001 figures are not available) STs constitute majority of the population2. These districts are also the most backward regions in terms of connectivity. There are 21 districts in the Himalayan region and the North East that are completely mountainous. Besides, a number of districts in Jharkhand, Chattisgarh, Maharashtra, Madhya Pradesh, Andhra Pradesh and Orissa have hilly terrain. There are also wide variations in the size and population of the districts. Socio-economic Socio-economic profile These districts are primarily agricultural and in 115 districts, the percentage of agricultural labourers in the total rural working population is higher than the national average of 33 percent, indicating the large-scale landlessness in these districts combined with lack of effective employment opportunities in the nonagricultural sector. The result is lower incomes for a large section of the rural population contributing towards the backwardness of these districts apart from agro–climatic and physiographic conditions
9).In conclusion:The NREGA is an ambitious programme with vast transformative potentials. It is important that implementation mechanisms are strengthened to use its full potential. While there is abundant experience with India’s bureaucratic set-up, the P anchayati Raj system is of relative recent vintage and project designers/ policy makers have limited hands-on experience of its functioning. Often positions are taken from an
ideological perspective than from field experience. The debate on merits of decentralisation needs to be set at rest and all efforts now need to be made to strengthen str engthen the capacities of the decentralised institutions and to improve their role clarity following principles of subsidiarity. Planning and implementation of NRM based activities, community participation and accountability are best addressed at the habitation level and Panchayats in most states are still too remote an institution for these functions. The governance role of Panchayats needs to be strengthened including accountability of officials at the Zila Panchayat and the line departments to the Gram Panchayat. The civil society has an important stake in the success of NREGA and in contributing to its success which should be harnessed.