dynamics of the panchayati raj system in kerala

8/7/2019 Dynamics of the Panchayati Raj System in Kerala

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CHAPTER -111

DYNAMICS OF THE PANCHAYATI RAJ SYSTEMIN KERALA

3.1 INTRODUCTIONPrior to its formation into a single political unit in 1956, Kerala

comprised of three distinct administrative units - Travancore, Cochin andMalabar, the first two b e ~ n g ative principalities, while the third a part ofthe Madras Presidency under British India. The people of these un its werebound by a com mon language, namely, M alayalam. It is the organisation ofIndian states on linguistic basis during the post - independence period thatbrought together the above three units into a single state. Travancore andCochin were integrated on July 1, 1949 and the third unit, Malabar, with therest on November 1, 1956.

All the evidences show that local bodies had functioned in all theterritorial units even from the earlier days, when the whole region nowknown as Kerala formed part of the larger unit Tamizhakam (Tamilland)which lay beyond the Western ~ h a t s ' . The participative character of thelocal bodies, gradually gave way to their domination by certain castesfollowing the Aryanization of South 1ndia2. British administrators have


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described these caste - dominated bodies as village republics or the village'Parliament'. William Logan's account is worth recalling. The nud orcountry was a congeries of 'taras' or village republics and the kuttam orassembly of the nad or country was a representative body of immensepower which, when it existed, set at naught the authority of the ruler andpunished ministers when they did unwarrantable acts3. The early Britishadministrators also asserted repeatedly that the Hindu village system did notexist in Malabar under the Madras presidency4. In Kerala, the local bodieswere in the form of caste or tribal assemblies in ancient times, feudaloligarchic bodies and the kuttam in the medieval times, and the villageSabhas in later medieval times5.

3.2 DEVELOPMENTS OF PANCHAYAT ORGANISATIONThe most significant of Sri Mulam Thirunal's reform was the

formation of the Legislative council consisting of members from the Tduklevel onwards. He considered their forum as a means to express the wishesof the people with regard to the administration of the state. In due courseelection was introduced and women voters also enjoyed the right to vote.The Government of Travancore initiated a village Panchayat Act on January25, 1925~. The object of this regulation was to initiate the institution ofself-government from the very bottom, viz., from the village itself, in otherwords, to make the village a vital part in the system of government7.

The next development of Panchayat Organisation took place in 1937when the Travancore Village Union Act IXwas passed by which 39 village


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unions were constituted. ' h e Act not only dealt with the constitution ofvillage unions, their administrative functions and powers, but also includedprovision for a separate furxd, appointment of Registrars of Village unions,delegation of powers by government, liability of members for loss,institutions of legal proceedings against any village union members, orofficer and the likes.

3.2.1 Decentralisation in KeralaIndian independence was a great stimulus to the concept of local

self-government and its extension to remote areas. States under the Indianunion were saddled with the new responsibilities assigned to them byDirective Principles of State Policy. Article 40 of the Indian Constitutionspecifically directs all state governments to take steps to organise VillagePanchayats and to endow them with such powers and authority as may benecessary to enable them to function as units of self govemmcntg.

In Kerala too, local government in general and Panchayat inparticular made rapid strides in their growth and progress. The integrationof Kerala state into a single unit, the functioning of democratically electedgovernment in the state, the enhanced civic consciousness and demands foreconomic and social transformation, the acceptance of the welfare concepfthe adoption of a socialistic pattern of society and the impact of Gandhianconcept, and earnest desire for local bodies - all these contributed to theimportance of the concept of Panchayat.


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After the Merger of Travancore with (1949) a Panchayat Act wasenacted in 1950 because the G ovenunent took notice of the difference thatexisted between the Travancore and Cochin systems. According to theprovisions of the Act, the state was split into 548 Panchayats, out of w hich52 Panchayats belonged to the newly found Madras state. In Malabar area,after the M adras V illage Panchayat Act of 1950, the District Boards weredeprived of their control over the Panchayats. At the time of the states'reorganisation the number of Panchayats that became operational stood at893'O.

The efforts at decentralisation of the Panchayat administrativesystem in Kerala between 1950 and 1970 are specially marked by theappointment of three :statutory committees for the purpose - theAdministrative Reforms Committee (1958), The Commission forDelimitation of Panchayat Areas (1959) and the AdministrativeReorganisation and Economy Comm ittee (Vellodi Comm ittee 1965). Therecomm endations of the c:ommittees were accepted with some amendmentsmade to the provisions, after a marathon discussion in the State Legislative~ s s e m b l ~ " .

3.2.2 S t r u c t u r a l P a t t e r n s of Pa nc ha ya t sThe structural patterns of the Panchayats were laid down on the basis

of their annual income". The number of mem bers for each Panchayat wasdetermined by the Government through an act on the basis of population,but subject to a maximumi of seven. Provision for reservation of one seat in


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a Panchayat for Scheduled Castes and Scheduled Tribes was provided, iftheir population was not less than 5% of the total electorate in that area. Theterm of an elected member was a period of three years. The administrationof the Panchayat was vested with a Committee comprising of the President,the Vice-President and all the members of the Panchayat with the Presidentas the Chairman.

The Panchayats of the state exercised some judicial functions also in1950, the Government enacted an Act by which it was vested with thepower to nominate for each village, a village coqcil of the membersL3.ThePanchayats were allotted more functions and the system of adult franchisewas introduced. There was separate executive officer for each Panchayat.There was steady increase in revenue. The average population of aPanchayat area ranged from 10,000 to 20,000. Panchayats were formedprimarily on the basis of the principle that there should be one Panchayatfor every village. In June 1953, the Panchayat general election was held inTravancore - Cochin State to elect members to the newly formedpanchaYatsl4.

3.2.3 Administrative Reforms Committee - 1957Administrative Reforms Committee was the background of

decentralized functionality of Panchayats in 1956, when the Kerala Statewas formed merging Travancore-Cochin State with Malabar. There weretwo pieces of legislation on local government, the Travancore-CochinPanchayat Act 1950, which was in force in Malabar area. In 1958 the


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government of Kerala sought to consider all the acts, rules and regulationson the recommendation of the Administrative Reforms Committee hefidedby the then Chief Minister, E.M.Sankaran ~ a m b o o t h i r i ~ a d '~ .

The A dministrative Reforms Committee approached their task with aview to democratize the whole administrative system and machinery inaccordance with the new areas of development. It includes within its scopethe running of administrative machinery, seeking cooperation andparticipation of people, informing and educating the public and finallyorganizing a sound system of planning based as much on the participation

Iof people at each level ar; on the best technical economic and statisticalinformation available. Therefore the pattern of placing also is to be alteredright form the top to bo ttom and vice-versa. In a nutshell the ob jectives oflocal bodies are not merely to collect revenues and maintain peace but topromote action. For this, the method was to be democratic and themachinery had to be responsible to the peoples' representative.

During the time, the Balwantray Mehta Study Team was at work atall India level in accordance with the new policy pattern of the PlanningComm ission of India. The Comm ission reiterated the widely felt need forcreating a well organised democratic structure of adm inistration within eachdistrict and added, "in this structure, village Panchayats, will have to beorganically linked with popular organization at a higher level"I6. Theworking of developmental schemes entrusted with the Panchayat could not


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yield the desired effect for lack of peoples' participation and also due toabsence of a proper structural linkage with the upper tiers.

A Committee was constituted under 0. handu Menon, in 1958 toexamine the question of delimitation of Panchayat areas. The Commissionstrangely recommended far an economically viable Panchayat area to theextent possible, so that the administration could be camed on withoutwaiting for the allotment of funds by the superior authorities. Each districthas about 100-200 Panchayats under its jurisdiction whereas under eachBlock the number is between 10-15. The Committee suggested PanchayatiRaj system of administration in Kerala in which Panchayat, Taluq Council,Block and District Council - all could be organically linked and theprinciple of democratisation and decentralisation would be present in itsentirety at the sub-state le-el.

Following the recommendations of the Administrative ReformsCommittee and the Delimitation Commission, a Kerala Panchayat Bill wasintroduced in December 1958. After one year, the Kerala District CouncilBill was also introduced in April 1959. Neither could, however, be enactedinto law then, as the Legislative Assembly of Kerala was dissolved on 3 ls tJuly by the President of India.

3.2.4 The Kerala Panchayati Raj Act - 1960The government of Kerala enacted in 1960, a Kerala Panchayat Act

unifying the existing laws in the Malabar and Travancore - Cochin regions


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departments at all levels, state, region, district and below. The Committeerecommended that there should be a 'Taluq Samiti' above the Panchayatnot as an advisory body as suggested by the first Statutory Committee, but ademocratic body with real powers.

In March, 1987, the: government appointed a one man Commissionto advise on the measures to be taken for decentralisation of power at thedistrict and lower levels. The Commission was in search of a PanchayatiRaj system, i.e, an integrated structure of local government, with an electedCouncil at the District levc:l, a nominated Samiti at the Taluq level betweenthe District and the Panchayat, and a village Panchayat at the lowest level.It has been suggested to oreate an 'Election Commission' for all the localgovernment institutions.

The empowerment of Panchayat through meaningful decentralisationwas also visualised in the Report of 1987. The most' significant changessought to be made in relation to the Panchayat bodies are - declaringPanchayat President as the executive authority of the Panchayat inaccordance with the general principles of democratic functioning followedin the country and also i n harmony with such provisions that exist in thestates - like West Bengal, Kamataka and Andhra Pradesh, to reduce theproposed administrative imd supervisory control of District Councils overthe Panchayats so as to make the latter function with their powers directlyderived from the state govenunent.


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There was great public enthusiasm over the proposed decentralisedplanning and the Panchayat system2'. There must be consistency andcommitment in the policy of the government for the whole process ofdecentralisation to be meaningful. Lack of political will and politicalstability would lead to disrnal failure of the system. It would no t be out ofplace to state here the fate of K erala District Councils enacted as the uppertier in the Panchayati Raj system of administration in 1989. The beginningof a new phase in the functioning of local government can be seen in 1971when the government of Kerala introduced in the State Assembly, 'TheKerala District AdministrationBill 1971'".

The Minishy headed by A. K. Antony on August 1, 1978 proposedthe Kerala District Administration Bill. The Legislature passed the Bill in1979 when the Chief Ministership was in the hands of the C PI leader P.K.Vasudevan Nair. In 1987, E. K. Nayanar returned as Chief Minister. Theimplementation of the District Administration Act was one o f the promisesof the Left Democratic Front in its election manifesto and it did implementit in 1991. Until then there: were only village level Panchayats functioningunder the Kerala Panchayilt Act 1960. The District Administration Actvested the District Council:; with vast powers and responsibilities coveringas many as 151 items under 18 heads. Every District Council shall be abody known by the name o f the district.


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3.3 THE KERAL A P.ANCHAYAT1RAJ ACT - 1994The Kerala Panchayati Raj system came into operation fiom 30th

September, 1995 and the powers were formally transferred on 2nd October1995. The 73rd Amendment visualised the Panchayati Raj as institutions ofself-government. Article 243-G reads, "subject to the provisions of theConstitution, the Legislature of a state powers and authority as may benecessary to enable to function as institutions of TheKerala Panchayati Raj Act was passed by the Kerala Legislative Assemblyon 23rd A pri l 1994, which substitutes the Kerala Panchayati Raj Act 1960and District Administraticln Act 1979 and is intended to incorporate theprovision of the 73rd Constitutional Amendment giving constitutional statusfor Panchayati Raj system in India.

The Panchayati R;g in Kerala is not seen as a hierarchy. Thereexistslorganic linkage between the three tiers in the form of ex-officiomem bership at the higher level. But each tier is independent of others andperforms certain exclusive functions given to it. The departmentstransferred are thirteen in the case of Gram Panchayats, nine to BlockPanchayats and ten to District Panchayats. For co-ordination purposes theelected presidents of the lower tiers are ex-officio members of the nexthigher tier with full rights of voting except in elections to various officesand in no confidence motions.


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3.3.1 Village PanchayatArticle 243-B of the: constitution deals with setting up of Panchayats

at three levels. In Kerala Panchayat connotes the village Panchayat. TheKerala Panchayati Raj Act 1994 envisages a village Panchayat for eachvillagez4.It has been viewed as the root of democracy and an effective toolfor the participation and involvement of the people in the democraticprocess. In Kerala village Panchayats are fairly large having a populationof around 25000 on an average. The Act has considerably empowered thevillage Panchayats by giving control over all local level institutions except

I Upper Primary and High Schools. The village Panchayat has their ownsource of income and get reasonable amount fkom grants and share of taxes.ViUage Panchayats have been provided with the major share of Plan funds.The village Panchayats of Kerala are viable administrative units capable ofperforming most of the local government functions envisaged in theEleventh schedule of the Constitution.

The members of the village Panchayats are elected directly by thepeople on the basis of adult sueage and its membership varies fiom 8 to 15depending on the population. According to section 29 of the Act, no personshall be qualified for election as member of the Panchayat (a) unless hisname appears on the e1ec:toral roll for the Panchayat area. (b) unless he hascompleted his twenty first year of age (c) unless in the case of the seatresewed for Scheduled Castes and Scheduled Tribes, the person is a


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member of any of the Scheduled Castes Scheduled Tribes. (d) unless in thecase of a seat reserved for woman, the candidate is a womanz5.

For the purpose of' election, each Panchayat area is divided intowards on the basis of total population of the village or villages constitutingthe Panchayat area. Every ward is a single member constituency. Seatsshould be reserved for Scheduled Castes and Scheduled Tribes in eachvillage Panchayat. One-third of the reserved seats shall be set apart forwomen belonging to Scheduled Castes and Scheduled ~r ibes'~. ne third ofthe total number of seats, both in reserved and unreserved categories, shallbe set apart for women in every Panchayat and seats may be dotted byrotation.

After the elections are over, the members elect from amongthemselves the President and Vice-President of the Panchayat. Thechairperson of each level of Panchayats shall be reserved for ScheduledCastes and Scheduled Tribes in proportion to their population on rotationbasis. One-third posts of c:hairpersons of each level of Panchayats shall bereserved for women on rotation basis. The members, once elected, holdoffice for a period of five years. But the Govenunent may reduce the termby notification in the ~azette'~.f Panchayat is dissolved before the expiryof the term, election is to be conducted within a period of six months of thedissolution to reconstitute the Panchayat. Gram Panchayat is the strongestof the three -tiers with 32 mandatory functions and 125 other functionsfalling under 17broad heads. This is the only body that has its own sources


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of income. Since village Panchayat was in operation before the enactmentof the present Act, it is not facing that m any operational problems.

3.3.2 Block PanchayatThe num ber of directly elected members of Block Panchayat should

not be less than eight and should not exceed 15'~. The Block Panchayatconsists of (a) the elected members of the block and @) the Presidents ofthe Village Panchayats with the Block Panchayat area. A11 levels ofPanchayats will consist of' persons elected directly from the territorialconstituencies in the Panchayat area. The territorial constituencies shall bedivided in such a manner that the ratio between the population of eachconstituency and the number of seats allotted to it should be uniformthroughout the Panchayat area as far as practicabIe. A ll members of thePanchayat, whether or not directly elected, shall have the right to vote in themeetings of the Panchayat. I

The President and \rice President of the Block Panchayat shall beelected from among the directly elected members of the Block ~ a n c h a ~ a t ' ~ .Seats shall be reserved for Scheduled Castes and Scheduled Tribes in eachBlock Panchayat. One-third of the reserved sea ts shall be se t apart forwomen belonging to S ched~lled astes and Scheduled ~r i b e s ~ ' . ne-third ofthe total number of seats, both in reserved and unreserved categories, shallbe set apart for women in every Panchayat and seats may be allotted byrotatior?'.


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The middle tier, the Block Panchayat is a new entity in Kerala.Almost all political parties and even elected representatives of BlockPanchayat questioned the need for this body. The Minister of LocalAdministration spoke of winding up this body after the present term bybringing about necessary amendments to the 73rd Amendment Act. But atthe same time the role of Block Panchayat is very crucial for Block levelplanning and nualdevelopment.3.3.3 DistrictPanchayat

Chapter 111 of the Kerala Panchayati Raj Act deals with thecomposition of District panchayats3'. The num ber of directly electedmem bers of the district Panchayat should not be less than 15and should notexceed 25. The District Panchayat consists of (a) the elected members and(b) the Presidents of the Block Panchayats of the district. In each DistrictPanchayat seats are resenred for Scheduled Castes and Scheduled Tribes in

ipropodon to their population in the Panchayat area and seats may beallo tted by rotation. One:-third of the reserved sea ts shall be reserved forwomen belonging to Scheduled Castes and Scheduled ~ r i b e s ~ ~ .ne-third ofthe total number of seats both in reserved and unreserved categories shall beset apart for women in every District Panchayat and seats may be allottedby rotation.

The members of I~gislativeAssembIy and members of Parliamenthave been kept out from the Block Panchayats and Dism ct Panchayats. Allthe Presidents of Block Panchayats will also be ex-officio members of


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District Panchayat. Thus an organic link between different tires ofPanchayat Raj Institutions has been maintained with the lower body gettingrepresentation in the next higher body, which provides an opportunity foractive participation in decision making. A District Panchayat shall have aPresident and a Vice-President elected from among the elected members ofthe district Panchayat. Section 156 deals with the responsibilities of thePresident and Vice President of a ~ a n c h a ~ a t ~ ~ .very meeting of thePanchayat shall be presided over by the President, in his absence by theVice President, and in the absence of both the President and the Vice-President, by a member chosen by the meeting to preside for the occasion.The President is expected to preserve order and decide all points of orderand the decision of President in the matters shall be inal. He has tosupervise and control all the activities of the Panchayat personnel andprepare their confidential reports. The provision empowering thechairpersons of these bodies to supervise'and control the working of theemployees of the Panchayat concerned is noteworthy, for in the absence ofthis, the staff working under the Panchayat will show loyalty to the higherbureaucracy rather than the elected representative.

As per the provisions of the present Act there need be only oneStanding Committee in Village Panchayats, two in Block Panchayats andfour in District Panchayats. The President, Vice-President or Chairman ofthe Standing Committee of a Panchayat can be removed from office bypassing a vote of no-confidence with a simple majority of the membership


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of the Panchayat concerned35. If the no-confidence motion fails, after sixmonths, another no-confidence motion can be tabled.

According to clause 159, the President, Vice-President, Chairman ofthe Standing Committee or any member of the Panchayat can be removedfrom office by the state government if such members, President, Vice-President or Chairman of the Standing Committee has been guilty ofmisconduct in the discharge of his duties or abuses his power or makepersistent default in the performance of his duties and functionsunder this AC?.

Section 179provides for the appointment of a full-time Secretary foreach Panchayat who shall be a government servd7 .At the Village levelthe Panchayat Executive-Officer will act as the Secretary. The BlockDevelopment Officers and Junior 1.A.S OfficerdJoint SecretariedJointDirectors of Panchayats have been made Secretaries at the BlockPanchayats and District Panchayats respectively38. The Secretary is themost cri ticq functionary of any Panchayat. Section 179(4) rightly obligatesthe Government to transfer a Secretary of the Panchayat if a decision to thiseffect is taken by a simple majority of the members. State governmentemployees working for the Panchayat will be under the control of StateGovernment. This will affect the smooth functioning of Panchayats sincestate government employees are likely to place their full loyalty andcommitment to the government.3.3.4 District Planning Committee

In accordance with the provisions of the 74th ConstitutionalAm endment Act and Article 243-ZD, a D istrict Planning Committee having


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representa tion of both the e lected representative of both ~ a lnd urbanareas, depending on the proportion as the population, is to be constituted3'.The main functions of the Committee is to prepare plans for the entiredistrict as a whole. The Kerala Government has issued orders fixing thenumber of District Panchayat members, Municipal and Corporationmembers to be elected to the District Planning Committee. The Comm itteeis to be form ed with the District Panchayat president as the Chairman andthe Collector as ex-officio member - Secretary. The Comm ittee will havetwelve members elected &om among the members of the District Panchayatand M unicipalities and Municipal Corporation, if any, in the District, and anominee of the ~ o v e rn m e n t xperienced in planning and ad m ini s t r a t i~ n~ ~.The Chairman of every District Planning Committee shall forward thedevelopment plan, as recomm ended by such committee, to the Government.

Under the original clause the District Planning Committee, wereempowered to propose changes in the development plans of VillagePunchayats fo r reasons such as wrong priorities, failure to adhere to subsidynorms, lack of adequate allocation of funds for Scheduled Castes andScheduled Tribes development programmes and other draw backs. ButKerala Legislative Assem bly adopted Panchayath Raj (Amendment) Bill in1999 that seeks to curtail the power of the District Planning Committee indictating the agenda of wllage Panchayats. "The new amendment wouldmean that any changes proposed by District Planning Committees incontravention of the prowsions Act are challengeable before the court oflaw"41. These amendments would have placed further restrictions on thepowers of the District Planning Committees.


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The dependence of the Panchayats on the state government can beseen in the provisions reg,arding grass-roots level planning. The villagePanchayats has to submit copies of its schemes to the Block Panchayat andthe latter in turn has to submit copies of the plan as well as those of thevillage Panchayat to the District Panchayat. The District Panchayats willthen submit their schemes as well as the others to the District PlanningCommittee.3.3.5 Functions, Powers, and Responsibilities of Panchayats at

different levelsThe ever increasing governmental activities have made devolution of

powers, from higher to lower units of government, an inevitable necessityinmodem times. "The Panchayats should play an important role in bringingabout a more just and integrated structure inwal areas and in developing anew pattern of ma1 leadership"42.The powers and functions of the VillagePanchayats are listed in schedule 111of the Act. The powers and functionsof the Block Panchayats are listed in scheduleN nd those of the DistrictPanchayats in schedule V of the Act. The powers, huties and functions ofthe village Panchayat, Block Panchayats and district Panchayats arebasically derived fiom section 166, 172, and 173 respectively of the KeralaPanchayati Raj ~ c t ~ ~ .

The scope of the functions assigned to the viUage Panchayat, BlockPanchayat and District I'anchayat is no longer confined to what may becalled 'civic functions' but is extended to development works and other


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activities relating to Social Welfare etc. of local importance. The KeralaPanchayati Raj Act, 1994 provides that the following categories ofresponsibilities shall be assigned to the Village Panchayat! (1) EssentialResponsibilities, and (2) Additional re~~onsibilities~~.mong the essentialresponsibilities are construction, repairs and maintenance of drinking waterwells and tanks, construction and maintenance of village roads, drains andculverts, the lighting of public roads and their protection, registration ofbirths, deaths and marriages, preparation of annual budget, construction andmaintenance of slaughter houses, destruction of stray dogs, formation oflegal aid cells for weaker sections, maintenance of public latrines disposalof unclaimed corpses and carcasses, licensing of eating establishments,control of mosquitoes and the clearing of roads and streets and the removalof rubbish heaps.

The additional responsibilities include agriculture, animal husbandry, Idaring and poultry, fisheries, social forestry, village and cottage industriesrural housing, drinking water, rural electrification, non-conventional energysources, poverty eradication and village development programmes,education cultural activities, public health, social welfare, welfare ofScheduled Castes and Scheduled Tribes, public distribution system andpublic works.

The responsibilitie:~ f the Block Panchayats are listed in the fourthschedule of the Act. It irrcludes agriculture, small scale industries, povertyeradication and village development programmers, public health, social


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welfare, welfare of Scheduled Castes and Scheduled Tribes and publicdistribution system.

The fifth schedule of the Acts deals with the responsibilities of theDistrict Panchayats. It covers agriculture, animal husbandry, irrigation,fisheries, village industries, housing, water supply, public works, electricityand non-conventional energy sources, poverty eradication and villagedevelopment programmes, education, social welfare of Scheduled Castesand Scheduled Tribes, public distribution system, industries, revenue, co-operation, fisheries etc.

The committee on Decentralisation (Sen Committee) recommendedthat the district hospital and other hospitals servicing more than one Blockor Municipal areas should be brought under the District Panchayats. It alsorecommended that all the district level health schemes like

ITuberculosislLeprosy/Blin&~ess contxol, school health programme etc.should be implemented by the District ~ a n c h a ~ a t s ~ ~ .o prior approval ofthe budget of Local Self-Government Institutions is required. The DistrictPlanning Committee can scnitinise the budgets and point out defects, if any,with reference to the budget guidelines issued by the Government.

"The increasing role of Panchayati Raj is in the developmentalactivities demands that they be adequately equipped with properadministrative machinery, sound fuancid resources and expertise to tackledifferent field problems"46. One of the basic objectives of decentralisation is


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improvement in delivery of ' services. For this to be achieved, it is necessaryto reverse the trend of deterioration n several public assets created ago ASthere is general security of non-plan resources, it is possible that competingdemands may restrict the non-plan allotments to Panchayats. This has to beguarded against. So the Sen Committee recommends that the Governmentshould review, subject to its financial condition, its decision on therecommendations of the State Finance Commission regarding devolution ofone percent of the State revenue and fixing of maintenance norms of assetsat current rates4'. In the absence of adequate resources, it has become a direnecessity on the part of the Panchayats not only to appeal more and more toGovernment for increasing financial assistance, but also to utilise thevoluntary services available in the villages by eliciting the cooperation ofand participation by the villagers in the implementation of developmentaland other activities after inculcating in them a consciousness of their dutiesand responsibilities in such matters48.'

Section 191(1) of the Aot empowers the Govemment to take awayany of the pourers and functions that were being passed on to thePanchayats. These provisions could be misused for political ends and arebound to curb the freedom, enthusiasm and will to work in the localinstitutions. If the intention is to truly create grass-roots democracy then itfollows that the power of dissolution should rest with the electorate and notwith any other authority.


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If is to be noted that ui the Kerala Panchayati Raj system there hasbeen a decision to avoid a hierarchy among the three tires of Panchayati RajInstitutions. Therefore, when powers are assigned to each of thePanchayati.Raj tiers it has to be defined so that is no unnecessary overlapamong the functional domains of the three levels. While assigning functionto the three levels the Sen Committee has been guided by certain principles.In the case of kfbstructure projects the Committee has generally followedthe service area approach. In the case of Productive sectors and in socialsectors, the Committee has given weightage to the principle of subsidiarityi.e., what can be done better at a lower level should be done at that levelonly and not at a higher level. In general for efficient functioning ofPanchayatq Sen Committee suggested amendments to section 166, 172 and173 of the ~ c t ~ ~ .

ThelConstitution also provides for State Election Commission andFinance Commission. The elections to the Panchayats are to be conductedregularly under the over all supervision of the Election Commisssion of theState. The Election Conunission will be headed by the State ElectionCommissioner who shall lle appointed by the Governor. Elections are theprocess of ascertaining the sovereign will of the people. The reinforcementof the State Election Colnmission would go a long way in ensuring theindependence of the electoral process from the executive arm of theGovernment. Chapter VlI of the Kerala Panchayati Raj Act provides for aFinance Commission to be constituted once in every five years to review


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th e financial position of ~ a n c h a ~ a t s ~ ~ .he main function of the FinanceCommission is to review the financial position of the Panchayats and torecommend to the state the pattern of distribution of funds between the stateand the Panchayati Raj Bodies 51. The flow of larger and assured funds tothe Panchayati Raj body has been assured, which in turn, will strengthen thepeople's involvement in the planning process.

3.4 GRAM SABHA UNDER KERALA PANCHAYATI RAJACT 1994The Constitution of India in Article 243 makes the Gram Sablp an

integral part of the three-tier Panchayati Raj system and provides forassigning functions to it. The Kerala Panchayati Raj Act details thestructure and functioning of the Gram ~ a b h a ~ ~ .

The Cram Sabha is the grass-root unit of planning in the village.The Gram Sabha is a sub-unit that represents a war& in a Panchayat. If aPanchayat has say 15wards, then there will be 15ward members, and theyconstitute the Panchayat Committee which takes dl the decisions andmakes all the allocations for development purposes. Gram Sabha mustperform effectively a dual role ensuring the working of the Gram Panchayatstrictly on its defined track and assisting the Gram Panchayat in performingthe functions prescribed for it.

The Kerala Act has made it obligatory to hold at least two GramSabha meetings a year as has been recomm ended in the 73'* Amendment. In


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Kerala Gram Sabha is constituted in each ward. A parallel is seen inBengal also though it is known by a different name 'Gram Samsad'. Thequorum for meeting of Gram Sabha was 50'~.

The Panchayati Raj Act 1994. Section 3 provides for the followingmain features to Gram Sabha.

(a) Gram Sabha is based on the ward i.e., every ward has a Gram ~ a b h a ~ ~@) All adults belonging to the ward are members of the Gram Sabha.(c) It shall be convened at least twice every year at a time and place

Inotiiied by the Panchayat c%mmittee5'.(d) .The Panchayat President will be chairperson and the concerned ward

member will be the convener of the Gram Sabha.(e) Gram Panchayat President will preside over the meetings, in his

absence the Vice-president or the member concerned will perform thisfunctions%.

(0 The Gram Panchayat shall submit before Gram Sabha its reportsregarding the previous years' development activities canied out in theward and the annual financial statement. It also has to present beforethe Gram Sabha those activities that are to be undertaken for thecoming year together with estimate of expenditure57.

(g) If any of the resolutions of the Gram Sabha are not executed, thePresident and the Convener should give explanation as to why it wasnot done.


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(h) The resolution and recommendation of the Gram Sabha should begiven due consideration by the Village Block and DistrictpanchaYatss8.

Kerala Panchayati Raj Act, 1994 provides that the Gram Sabha shallperform the following functions.(a) Rendering assistance and encouragement in the preparation of

developm ent schemes pertaining to the village and their supervisions9.(b) The promotion of unity and harmony among all sections of society in

the village6'.(c) Mobilise voluntary labour and contribution in kind and cash for

community welfare programmes61.(d) Rendering assistance in the implementation of development schemes

pertaining to the village62.1(e) Identification of beneficiaries for the implementation of development

schemes pertaining to the village63.(f) Discuss the suggestions concerning the programme of adult education

within the village64.(g) Such other matters, as may be prescribed65.(h) There are five rules rekating to convening of Gram Sabha. They are:(i) The meeting time will be between 8 a.m. and 6 p.m.


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1' -x\ ' ,(j) The notice stating the place, date and time for the p B o f t h e G r a mSabha shall be published in public places, public offices;sclreo$ andoffice of the Gram Panchayat.

Q An agenda for the meeting must be prepared by the Secretary inconsultation with the President of the Gram Panchayat.

(1) Decisions-taken and resolutions passed in Gram Sabha by majorityopinion must be sent to the Panchayat Committee within one week.

(m) The quorum of the Gram Sabha should not be less than fifty.The Gram Sabha in the present Act is not an executive body. It

represents all the voters in the ward, and they have powers to raise issues,ask for clarifications and suggest programmes for implementation. InKerala there are roughly 1000 to 2500 voters in a ward. To find a place forthe meetings is not easy in many rural areas. Viability of this institutionwould depend on the extent to which it can function effectively as acontrolling mechanism and a body to mobilise local resources fordevelopment. Gram Sabha, in a way, is the most promising step taken bythe government as a part of the process of decentralisation of power.

The Sen Committee recommended that the quorum of Gram Sabhashould be raised to 10 percent and also recommended that the Gram Sabhashould meet as frequently as possible, at any rate not less than once in threemonths. For the Gram Sabha, there should be written invitations to evelyhousehold. The rights of the Granl Sabha should be specified: to know the


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detailed estimates of the works proposed to be taken up and know thedetailed item - wise accounts of every expenditure incurred within the areaof the Gram Sabha. The Convener of the Gram Sabha should maintain arecord of the decisions taken in each meeting. This must be available in thePanchayat office for reference and copying. According to the SenCommittee recommendations, failure to convene Gram Sabhas should bedeemed to be a violation of the provisions of Kerala PanchayatiRaj Act andcalls for penal action including loss of membership of the convener in caseof two consecutive iustances of non-compliance. These are the majormodifcations suggested by the committee".

In September 1998, the Department of Local Administration issueda circular regarding streng$hening Gram Sabhas. As Gram Sabhas arecritical institutions in ensuring people's participation, they need to bestrengthened. According to this circular, widespread, publicity should begiven to Gram Sabha meetings through invitation to all elected members,officials, political parties, trade unions, voluntary organisations, libraries,youth clubs, religious organisations, neighborhood groups etc. Noticewould be prominently displayed in all the public institutions of the wardlike markets, schools, ratnon shops, anganwadis, and also in the specialpublic information notice board that is being set up in each ward6'.Panchayat should nominate one official to be the co-ordinator of the GrramSabha. All the Block Panchayat members and the District Panchayat


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members should be informed about the date and venue of the Gram Sabhameeting$*.

The decisions of the Gram Sabha should be minuted by the co-ordinator and read to the Gram Sabha members before meeting is formallyclosed. The minutes should be entered in a well - bound minutes book. ThePresident, Secretary and elected members and other officials shouldinvariably sign the minutes. The signatures of as many participants aspossible should be obtained. As per the circular the minutes of the GramSabha is a public document and copies can be given to any person onrequest and on payment of actual photocopying charge.

The attendance of the Gram Sabha should be taken with nameaddress, age, noting other details like whether belonging to scheduledCastes or Scheduled Tribes, whether the participant's a woman or is an

Iofficial etc. Gram Sabha should not be unwieldy. So the Sen Committeerecommended that the wards have to be delimited in such a way as to haveand electoral strength of 1000. If this is to be achieved then the number ofwards should be raised from the present 15 to 25. The Committee alsorecommended for more subject - specific Standing Committees to enhancethe level of participation of elected members in governance. The LegislativeAssembly of Kerala adopted the above recommendations of the SenCommittee and effected appropriate amendment to the Kerda PanchayatAct in 1999~'.


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A Committee of six Chief Ministers including Chief Minister ofKerala, Mr. E.K. Nayanar convened by the Prime Minister, Mr. 1.K.Gujralin 1997 proposed that Granl Sabhas be the power centre in the PanchayatiRaj System. On that occasion Prime Minister urged State governments todevolve more powers to Ciram Sabha and it was emphasised that GramPanchayats should derive power from the Gram sabhas70.

The Union Minister for Rural Development and Employment, Mr.Baba Gowda Patil declared,1999-2000 as the year of Gram Sabhas in orderto speed up the programmes of decentralisation of power from higher levelto village level. He also insisted on transparency and people's participationin development activities7'.

3.5 COMMITTE ON DECENTRALISATION OF POWERS:APPROACH TOWARDS GRAM SABHAThe Committee on Decentralihtion of Powers (1997) has attempted

to bring about a restructuring of the Kerala Panchayati Raj Act, the KeralaMunicipality Act and the allied Acts. The committee has recommendedthat there be an enabling provision to create participatory communitystructures to enable the poor to have a say in development matters likeneighborhood groups, ward level and local body level organisations.

In order to protect ihe autonomy of the local bodies, the committeehas reduced the scope of' Govenunent interference in their day to dayaffairs. The Committee could see the issues concerning decentralisation


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fiom various points of view. This enabled the Committee to prepare ablend of the best available ideas and feasible propositions. The variousideas were put to rigorous examination in the Committee sitting beforeadopting them as recommendations.

In order to further the process of decentralisation and take power tothe people, it is necessary to facilitate full participation of the people in theplanning, implementation and monitoring of development programmers,and the Committee strongly feels that the Gram Sabha is the vehicle forachieving genuine people's participation. In fact the objectives of thesystem can be realised in sprit only if the Gram Sabhas are enabled tofunction effectively.

Since Gram Sabhas are of vital importance, they should not beunwieldy in size. Therefore an optimum strength of a Gram Sabha should

Ibe 1000 which would mean that the wards have to be delimited in such away as to have an electoral strength of 1000. The Committee alsorecommended that the maximum strength of village Panchayat should beraised fi-om 15 to 25 by making necessary amendments to section 6 of theKerala Panchayati Raj Act

The committee had recommended the strengthening of the GramSabha by increasing frequency of the sessions from two to four in a yearand quorum fi-om the fifty members to ten percent. The committee hadstated its intention to make the Gram Sabha the base of the Panchayati Raj


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structure. In order to make Gram Sabha vibrant, the Committee suggestedtbe creation of neighbourhood groups.

The Committee recommended the following functions, powers andresponsibilities for the OramSabha.

1. To select beneficiaries in the case of beneficiary - oriented - schemesby applying the selection criteria fixed for a particular scheme eitherby the Panchayat or by the Government. In case the criteria aregeneral, the Gram Sabha should first lay down the detailed criteriaboth for exclusion and selection, and then apply such criteria both forexecution and selection and then apply such criteria and do theselection process from among eligible persons.

2. To verify the eligibility of persons getting various kinds of welfareassistance of Government like pensions, subsidies, ration schemes etc.

3. ,To suggest the location of street-lights, water taps, public wells, publicsanitationunits, minor irrigation facilities etc., pertaining to that ward.

4. To know the action plan for the next three months as far as variousdevelopmentsprogrammes are concerned.

5 . To lcnow the detailed estimates of the works proposed to be taken upin that ward.

6. To know the detaileditem-wise accounts of expenditure increasedwithin the area of the Gram Sabha.

7. To ascertain from the officials the services they will render and theworks they are to do in the succeeding three months.


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8. To generate proposals and indicate priorities for preparation of annualand Five Year Plans.

9. To set up sub-committees and neighbourhood groups to undertake oroversee any kind of work in furtherance of the rights andresponsibilities of the Gram Sabha.

10. To know the rationale of every decision of the Panchayat concerningthat area.

11. To know the follow up action taken on the decision of the Gram Sabhaand to know the detailed reasons if some of the decisions cannot beimplemented.

12. To discuss performance audit report.

Responsibilities of theGram Sabha1. Dissemination of information on development and welfare

programmes.2. Canvassing participa.tion in health, literacy and similar development

campaigns.3. Collecting essential socio - economic data.4. Providing feedback on the performance of development programmes5. Resorting to moral suasion to pay taxes, repay loans, promote

environmental cleanliness, maintain social harmony etc.6. Mobilising local resources to augment Panchayat resources7 . Supervising development works as Volunter teams.8. Creating arrangement to report quickly incidence of epidemics, natural

calamities, etc


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In order to help the convener call the meeting including the recordingof major decision and take follow up action and present the required reportsand data to the Gram Sabha, it would be useful to have a designated officialactmg as the Coordinator.

According to the Kerala Panchayat Raj Act 1994 the quorum of theGram Sabha was 50. The Sen Committee averred that the low quorum. opens up dangers of misuse and manipulation, as it would be.easy tocobble up the number required fiom among a closed circle of people.Considering the possibility of reduced attendance in areas peripheral tourban centres, it is suggested that a quorum of ten percent should be insistedupon. Since Gram Sabhas have now a lot of functions to perform andresponsibilities to discharge, it is necessary to have more fiequent meetings.It is suggested that the Gram Sabha should meet at least once in a quarter.Locally, arrangements can be made for each Gram Sabha to meet onprefixed dates every quarter. This can be given wide publicity. If thispractice is followed, there would be no need to have ad hoc or hurriedlyarranged Gram Sabhas. Such fixed date would also enable Panchayats at thethree levels to take decisions in time so that Gram Sabha can make thenecessary follow up selecbon of sites and beneficiaries. It is necessary toincur some expenditure for the convening of Gram Sabhas and powers areto be delegated to the Village Panchayats to incur the necessaryexpenditure.


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Since Gram Sabhas are the most critical institution in ensuring theparticipation of the people, its regular meeting needs to be ensured. Failureto convene two consecutive Gram Sabhas should lead to automatictermination of the membership of the Panchayat member responsible.

In order to strengthen Gram Sabhas, it may b e necessary to constitutesupport structures through community organisations like NeighbourhoodGroups. Govenunent should actively promote constitution of such groupsand these groups should be given an au tonomous area of functioning. Allthese provisions have been incorporated in the 1999 Am endments.

3.6 CONCLUSIONSince 1996, a number of reforms in the Panchayati Raj Act have

been mooted and these were implemented with the passage of the KeralaPanchayati Raj Amendment Act 1999. An ombudsman has been set up toraddress complaints relation to acts of commission and omission of local

bodies lodged by citizens and organisations. The quantum of fundstransferred to the Panchayats has increased several fold. An AdministrativeReforms Committee has been set up to suggest measures to implement thereforms introduced in recent years. All these developments as well as theelaborate and ambitious participatory planning has catapulted Kerala to thecentre stage of decentralisation discourse in the country, and in some sensealso the developing world. The contribution of Shri. E.M.S.Namboothiripadto these recent developments is particularly noteworthy notwithstanding thecentralising nature of the party he represents.

109


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NOTES AND REFERENCES1. T.K. Krishna Menon, 1984. Histoiy of Kerala, New Delhi, Vo1.3,p.XXXII.2. S. RamanathaAiyyar, 1923.Progressive Travancore,Trivandrutu, p. 463 . WiamLogan, 1923.MalabarMamcal in 2Vols, Trim- Vol.I, p.464. Ibid, p.113

S. RamanathaAiyyar Op. cit.,pp. 66-100The Travancore Panchayat Act, Village Panchayat Regulation, i925Travancore Legislative Council Proceedings, 1925. Trivandnun,Vol. IV, ravancore State, p. 16.

A. Padmanabha lyer, 1941. Modem Travancore, A Handbook ofInformation, Trivandrum, Government of Travancore, p. 48.1

Constitution of India, Article 40S.P. Jain and B.C. Muthayya, 1977. "Village Panchayats in Kerala",in G. Ram Reddy ed , atterns ofp an ch qa ti Raj in India, Calcutta,pp.115 - 152.Proceedings of Kerala State Legislative Assembly, Second session1960, Trivandrum, Vol DL, No. 7, June 30, p. 48.Panchayats with an annual income of less than Rs. 150001- andabove were classified. under Grade C, those having an annual income


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of less than Rs.150001- more than Rs.50001- were listed in Grade 11,while the rest were grouped under Grade 111.

13. The Travancore- Cochin Village courts had taken steps for quickerand cheaper justice and also succeeded in discouraging litigation.There was a separate Department of Panchayat under a Director whohad state-wide jurisdiction. There were first Assistant Director ofPanchayats, one for each revenue district. The ultimate power vestedwith the govemment. The government possessed power to supersedea Panchayat under certain conditions specified in section 41 of theAct, viz, if a Panchayat is not competent to perform or if a Panchayatpersistently makes default in performing the duties imposed by lawor exceeds or abuses its powers.

14. Travancore - Cochin ~ldm inistration eport 1953-54, 1954. Trivanclmm,Government of Trayancore-Cochin, p.4.

15. Kerala Legislature .Proceedings, N0.p. (3), 427 -111/57/PD dtd.I15/8/1958.

16. The Adm inistrative fileorganisation and Econom y C om mittee, 1965 -1967, 1967. Trivandrum, Government of Kerala, p.8.

17. Report o n the Mea sures to be taken for Dem ocratic Decentralistionat the District and Lower levels in 2 Vols, 1988. Government ofKerala, Vol. I, July 1988, pp. 11-12.

18. Proceedings of Kerala Legislative Assembly, 5 November, 1960,1963. Trivandrum, Val. IX, o.36, , .3758

19. Ibid., pp.784-788


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Proceedings of Kerala Legislative Assembly, Second Session, 12 July1960, Oflcial Report, 1961. Trivan* Vol.IX, o.7, p.1504.K.P. Nair, 1989. "Democratic Decentralization", TheHindu, Madras,August 17.E.K. Nayanar, 1971. Background Paper 19, Towards Panchayts RajLegislation in Kerah, Trivandrum.The Constitution (Seventy - Third) Amendment Act, 20th April 1992,Government of India.Kerala Panchayati Raj Act, Section 4(a)Kerala Punchayati Raj Act 1994, Section(29)Kerala Panchayati Raj Act Section 7(5)

Kerala Panchayati Raj Act Section 193 (I)KeralalPanchayati Raj Act Section 6 (3 )Kerala Panchayati ~?q 'ct section 8 (8)Kerala Panchayati i?aj Act section 8 (5)

Kerala Panchayati i7aj Act section 8 (6)Kerala Panchayati 1 74Act, Chapter111cluase 9Kerala Panchayati 17aj Act section 9 (5)Kerala Panchayati liaj Act section 156 (2)Kerala Panchayati I i q . Act section 157 (12)

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36. Section 33 of the Kerala Panchayati Raj Act deals withdisqualification or failure to lodge accounts election expenses. TheSen Committee also feels that this provision should be strengthened.(Jos Chathukalarn, M S . John, Panchayathurajum Sen Cornrnrttiyurn(Maluyalarn) December 1998, p. 120.) Defection in the local bodiesof the state was banned with retrospective effect from October 2,1995. The Ordinance is entitled as "The Local Self GovernmentInstitutions (Prohibition of Defection)" which seeks to provide formandatory d i s qd ca t io n of Panchayat and Municipal Councilmembers who defect fiom parties which had fielded them in the localbodies poll or joined a political party &r getting elected as anindependent. In a recent ruling the State Election Commission statedthe elected members of Panchayat can be disqualified for defectingfrom the political parties on whose ticket they were elected. It is asignificant feature in Kerala that in a large number of Panchayats,ruling group either the Left Democratic Front or the United

T Democratic Front holds power with a thin majority. In the two yearssince the Panchayat election (September 1995), there have been anumber of instances of defection.The Government of Kerala has accepted the recommendations of theCommittee, to set up an Ombudsman consisting of seven membersheaded by High Court Judge to probe corruption and irregularities inthe running of the civic bodies. The State Election Commissionshould be the authority to decide defection and the disqualificationwould take effect once the State Election Commission pronounces itsdecision.

37. Kerala Panchayati Raj Act, Section I79 (1)113


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Mathrubhoomi, (Malayalam), 1995. September 29.Constitution (Seventy Third) Amendment Act, 1992, Government o fIndia.The Hindu, 1995. November 1.TheNew Indian Express, 1999. February 25, p.5N.RVisalakshi, 1967. Administration of Village Panchqats inKerala, Trivandrum, 'fie Kerala Educational Supplies Depot, p. 115.Kerala Panchayati Raj Act,Sections 166,172,173.Kerala Panchayati Raj Act Section 166 (1) Schedule 111Sen Committee, Report of the committee on Decentralisation ofPowers Kerala, 1997.G.P.Vithal, 1994. "Panchayati Raj and Rural Development, SomeBasic Issue", Kurukshetra, January, p.33Jos Chathukulam, M.S.John, 0p.cit. p. 122.

Jos Chathukulam, M.S.John, 0p.cit;p. 129.Kerala Panchayati Raj Act. 1994, Section 186(1)The second Finance Commission has been already appointed.Kerala Panchayati Rqi Act, 1994, Chapter11,Section(3) (1)Kerala Panchayati Rqi Act (3)(4)

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Kerala Panchayati Kaj Act Section (3) (2)Kerala Panchayati Kaj Act Section (3) (2)Kerala Panchayati 1Zq'Act Section (3) (3)Kerala Panchayati 1Zaj Act Section (3) (4)Kerala Panchayati IZaj Act Section (3) (5)Kerala Panchayati IZaj Act Section (8) (a)Kerala Panchayati Raj Act Section (8) (b)Kerala Panchayati i b jAct Section (3) (6) (b)Kerala Panchayati Raj Act Section (3) (6) (a)Kerala Panchayati Raj Act Section (3) (b) (4Kerala Panchayati Rq.Act Section (8)@Kerala Panchayati Raj Act Section 166(1) Schedule IIIJos Chathukulam,M S . John, Op. cit., p. 117.Circular No.37806, L3198 LAD, dtd 1019198. Local AdministrationDeparhnent, Trivandrum.Zbid.Deepika, 1998, July 9.The Hindu, 1997. November, p.8

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