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    DR. RAM MAHOHAR LOHIYA NATIONAL LAW UNIVERSITY

    PROJECT ON:

    (FINAL DRAFT)

    PANCHAYATI RAJ SYSTEM

    SUBMITTED BY: SUBMITTED TO:

    SHOBHIT SAINESH AWASTHI Mr MANWENDRA KUMAR TIWARI

    ROLL NO: 130 ASSISTANT PROFESSOR (LAW)

    SECTION-B Dr.R.M.L.N.L.U. LUCKNOW

    SEMESTER-1st

    http://upload.wikimedia.org/wikipedia/en/d/de/RMLNLU_Logo.png
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    Acknowledgement

    I express my gratitude and deep regards to my teacher for the subject Mr Manwendra Kumar

    Tiwari Sir for giving me such a challenging topic and also for her exemplary guidance,

    monitoring and constant encouragement throughout the course of this Project.

    I also take this opportunity to express a deep sense of gratitude to my seniors in the college

    for their cordial support, valuable information and guidance, which helped me in completing

    this task through various stages.

    I am obliged to the staff members of the Madhu Limaye Library, for the timely and valuable

    information provided by them in their respective fields. I am grateful for their cooperation

    during the period of my assignment.

    Lastly, I thank almighty, my family and friends for their constant encouragement without

    which this assignment would not have been possible

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    INDEX

    INTRODUCTION.

    ROLE OF CUSTOM IN ESTABLISHMENT OF PANCHAYATI RAJ

    o Panchayati Raj in Pre-British period

    o Panchayati Raj in British period

    HOW THE SYSTEM GROWS INTO CONSTITUTIONAL SCHEME .

    o Panchayati Raj in Independent India

    o Balwant Rai Mehta Committee.

    o Ashok Mehta Committee

    RECENT TRENDS IN PANCHAYATI RAJ

    o

    73rd

    constitutional amendment

    STRUCTURE AND FEATURES OF THE PANCHAYATI RAJ INSTITUTION.

    PANCHAYATI RAJ SYSTEM AS A FUNCTION OF LAW

    EVALUATION OF PANCHAYATI RAJ...

    BIBLIOGRAPHY...

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    INTRODUCTION

    Democratic Decentralisation

    The word 'democracy' is derived from the Greek word 'demos' means 'the people'; and 'cracy'

    means 'rule of'. It is the 'rule of the people'. It is governance of the people, by the people, and

    for the people. The rule by majority is an important part of this programme.

    Decentralisation means devolution of central power among local units close to the areas

    served. Where authority devolves by this process on people's institution, it is 'democratic

    decentralisation'.

    Meaning - Panchayati Raj

    Panchayati Raj Institutions, the grass root units of local self government have been

    considered as devices of legal socio and economic transformation in rural India. Involvement

    of people at the grass root level is the most essential means of bringing about socio-economic

    development. Panchayati Raj is identified as institutional expression of democratic

    devolution in India.

    Devolution of power to the panchayats is seen as a means of authorising people and

    involving them in decision making process. Local governments being closer to the people can

    be more open to local needs and can make better use of resources.

    The self-governing system in a country can be ensured only if there is bulk participation in

    the governance. Therefore, the system of democratic decentralization popularly known as

    Panchayati Raj System is measured as an instrument to confirm democracy and socio-

    economic transformation.

    Gandhi encouraged that India lives in her villages. Indian independence must begin at the

    bottom, thus making every village a republic or panchayat, enjoying full powers. He said that

    true democracy cannot be worked by twenty men sitting at the centre. It has to be worked

    from below by the people of every village. These dreams lead to the inclusion of Article 40 in

    the Directive Principles of the State Policy of Constitution of India. Almost after five decades

    of independence, in the year 1993, the Government of India took a innovative step by makingPanchayati Raj Institutions a part of the Constitution.

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    1 The system of Panchayati raj has acquired greater significance with the 73 rd and 74th

    Amendments to the constitution of India. The Amendments have become a reality after a

    long drawn battle, debates, opposition and suspicion that engulfed the people and polity for

    quite a long time.

    In spite of all those initial setbacks, the 73 rd and 74th amendments had given the local

    government a legitimacy and an authority in the Indian political system. After the 73rdand

    74thamendments, much attention has been drawn towards the state-local bodies relationship.

    The basic spirit behind the 73rd and 74th constitutional was to strengthen the local bodies

    through decentralization measures. For successful functioning of local bodies at the

    grassroots level, it is imperative that the local government should have sufficient power,

    autonomy and the power of decision making.

    The story of Panchayati Raj has been a story of ups and downs.

    This project provides a historical account of the village panchayati system in ancient India

    .And it traces the role of the custom in establishment of Panchayati Raj system in India.

    After that , it briefly evaluates how the system of Panchayati raj grows into constitutional

    scheme. This project also gives an overview of the Panchayat raj Institutions. And presents

    balanced complete picture of the philosophy, objective, evolution, success, and failures of

    these institution in last decades and shows recent trends of the Panchayati raj system.

    ROLE OF CUSTOM IN ESTABLISHMENT OF PANCHAYATI RAJ

    Custom occupies an important place in regulation of human conduct in almost all the

    societies. In fact, it is one of the oldest sources of law-making. It has been generally said that

    custom is to society what law is to the state. Each one of them is the expression and

    realisation, to the measure of mens insight and ability, of the principles of rights and justice.

    The influence of custom on society is similar to that of law on the state.

    2Role of custom in establishment of Panchayati raj are as follows in a chronological order.3

    1Panchayati raj by Kuldeep Mathur

    3Dr N.V Paranjape ,Studies in Jurisprudence and Legal Theory

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    village panchayat and the higher administrative hierarchy.Akbar accepted this system

    and made it an indispensable part of civil administration. In this period, each village had its

    own panchayat of elders. It was autonomous in its own sphere and exercised powers of local

    taxation, administrative control, justice and punishment.The Moghals introduced elaborateadministrative machinery with a hierarchy of officials, particularly in the field of revenue.

    The Moghal local administrative system lasted over centuries. It was with the collapse of the

    Moghal strong hold, the British established their hegemony in India.

    b) Panchayati Raj in British Period

    It was Lord Mayo, the then viceroy of India (1869 to 1872), who felt the need to decentralize

    powers in order to bring about administrative efficiency and in the year 1870 introduced the

    concept of elected representatives in the urban municipalities. The revolt of 1857 that had put

    the imperial finances under considerable strain and it was found necessary to finance local

    service out of local taxation. Therefore it was out of fiscal compulsion that Lord Mayos

    resolution on decentralization came to be adopted.

    Ripon Resolution (1882)

    In 1882, Ripon abandoned the existing system of local government by the officially

    nominated people. According to his local self government plan, the local boards were split

    into smaller units to achieve greater efficiency. In order to ensure popular participation, he

    introduced an election system for the local boards. The government resolution of 18th, May,

    1882, stands as a landmark in the structural evolution of local governments. It provided for

    local boards consisting of a large majority of elected non-official members and presided over

    by a non-official chairperson.This is considered to be the Magna Carta of local democracy in

    India. This resolution proposed the establishment of rural local boards where 2/3rd of whose

    membership was composed of elected representatives.He brought in the concept of self-government in urban municipalities. He is treated as the founding father of urban local

    government. The Royal Commission on Decentralization in 1909 elaborated further the

    principles of Ripon resolution. But this remained merely on paper. Ripons scheme did not

    make much progress in the development of local self government institutions.

    Montagu-Chelmsford Reforms of 1919

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    In this backdrop, Montagu Chelmsford reforms were passed in the year 1919. This reform

    transferred the subject of local government to the domain of provinces. The reform also

    recommended that as far as possible there should be a complete popular control in local

    bodies and the largest possible independence for them, of outside control. By 1925, eight

    provinces had passed village panchayat acts. However, these panchayats covered only a

    limited number of villages with limited functions. But this reform could not get much result

    as far as democratization of panchayats was concerned and lead to a lot of organizational and

    fiscal constraints.

    The Government of India Act 1935

    This is considered as another important stage in the evolution of panchayats in British India.

    With popularly elected government in the provinces, almost all provincial administrations felt

    duty bound to enact legislations for further democratization of local self government

    institutions, including village panchayats. Although the popular government in the provinces

    governed by the Congress vacated office following the declaration of Second World War in

    1939, the position as regards local government institutions remained unchanged till August

    1947, when the country attained independence. Even though the British government did not

    have interest in the village autonomy, they were forced to do so, in order to continue their

    rule in India and moreover to meet financial necessities. The Indian rural republic hadflourished till the advent of British. It received a set back during the British rule. Self

    contained village communities and their panchayats ceased to get substance. They were

    replaced by formally constituted institutions of village administration. In the highly

    centralized system of British rule, village autonomy seems to have lost.

    How the system grows into constitutional scheme

    a).Panchayati Raj in Independent India.

    The task of strengthening panchayati raj system fell on the Indian government formed after

    independence. It was clear that India a country of villages had to strengthen village

    panchayats to strengthen democracy. Mahatma Gandhi who strongly believed in Ggrama

    Swaraj pleaded for the transfer of power to the rural masses. According to him the villages

    should govern themselves through elected panchayats to become self sufficient. But

    surprisingly, the draft Constitution prepared in 1948 had no place for Panchayati Raj

    Institutions. Gandhi severely criticized this and called for immediate attention. It is thus, thatpanchayat finds a place in the Directive Principles of the State Policy. Article 40 of the

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    Directive Principles of the State Policy states that the states shall take steps to organize

    village panchayats and endow them with such powers and authority as may be necessary to

    enable them function as units of self governments.

    The most important aspect to strengthen grass root democracy was neglected bythe Constitution makers as Directive Principle of State Policy is not legally binding on the

    governments.

    The first organized effort to tackle the problem of rural India was made through Community

    Development Programme in 1952 and National Extension Service in 1953. The programme

    was based on an integrated approach to the various aspects of rural development. The

    objectives were to promote self help and self reliance among the rural people, to generate a

    process of integrated social, economic and cultural change with the aim of transformingsocial and political life of the villagers. The programme was based on an integrated approach

    to the various aspects of rural development. The programme made provisions for appointing

    Block Development Officers [BDO] and Village Level Workers [V.L.W]. This programme

    was intended to bring socio economic development of the rural masses on democratic lines,

    but failed to take off along the expected lines due to the absence of an effective instrument

    for peoples participation.

    Balwant Rai Mehta Committee(1957)

    Balwantrai Mehta Committee was the first Committee set up in 1957 to look into the

    problems of democratic decentralization in independent India. The Committee was asked to

    report on community development projects. The Committee made far reaching

    recommendations in the direction of democratic decentralization and rural reconstruction. It

    pointed out that the community development programme was not successful because it failed

    to evoke local initiative and that in the absence of local initiative and local interest,

    development would not be possible. The committee laid down five fundamental principles.

    1). There should be three tier structures of local self government bodies from village to the

    district level and these bodies should be linked together.

    2). There should be genuine transfer of power and responsibility to these bodies to enable

    them to discharge their responsibility.

    3). Adequate resources should be transferred to these bodies to enable them to discharge their

    responsibilities.

    4). All welfare and developmental schemes and programmes at all three levels should be

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    channeled through these bodies, and

    5). The three tier system should facilitate further devolution and disposal ofpower and

    responsibility in future.

    The committee envisaged three tire system of panchayats known as Zilla Parishad, PanchayatSamiti and Gram Panchayat and recommended encouragement of peoples participation in

    community work, promotion of agriculture and animal husbandry, promoting the welfare of

    the weaker sections and women through the panchayats.

    The recommendations of the Balwantrai Mehta Committee came into effect on 1st April

    1958. Rajasthan was the first state to implement it on 2nd October 1959. By mid 1960s,

    panchayat had reached all parts of the country. There was enthusiasm in rural India and

    people felt that they had a say in the affairs affecting their daily life. These were considered

    as the promising days of Panchayati Raj Institutions in India.

    The recommendations of Balwantrai Mehta Committee were implemented by many states in

    the country. Till the mid sixties, Panchayati Raj system flourished in India. But there was

    decline in Panchayati Raj Institutions after the mid sixties mainly because of centralized

    tendencies of functioning all over the country. The elections were not held regularly and the

    participation of people weakened in these bodies. Inefficiency, corruption, favoritism,

    uncertainty and irregularity led to their decline. Most of the development programmes were

    kept out of their preview. Centrally sponsored schemes were initiated; parallel administrative

    bodies were created and government reduced funds considerably. During the period of

    national emergency, bureaucracy got the upper hand and these institutions lost their

    significance.

    Ashok Mehta Committee (1977)

    In this backdrop in 1977, the Janata government appointed a Committee with Ashok Mehta

    as chairman and was entrusted with the task of enquiring into the causes responsible for the

    poor performance of Panchayati Raj Institutions. It was also asked to suggest measures to

    strengthen Panchayati Raj Institutions. The committee suggested two tire system of

    Panchayati Raj consisting of Zilla Parishads at the district level and Mandal Panchayats at the

    grass root level as against three tier system suggested by the Balwantrai Mehta Committee.

    The committee recommended constitutional protection to the Panchayati Raj Institutions and

    further decentralization of power at all levels.

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    A noteworthy feature of the report is that it recommended regular elections to these bodies

    and open participation of political parties.

    The Ashok Mehta Committee Suggested:

    Reservation of seats for the weaker sections

    Two seats for women

    Adequate financial resources for the panchayats

    Requirement of Constitutional sanctions

    To extend peoples participation in developmental activities.

    Due to the fall of the Janata government, the Ashok Mehta Committee recommendations

    were not implemented. Few states formulated new legislation on the basis of the

    recommendations of this Committee. Both the Committees overlooked the importance of

    panchayats as units of self government.

    During 1980s, two important Committees were appointed to look into local governments.

    GVK Rao Committee in 1985 and Dr. L.M. Singhvi Committee in 1986. The GVK Rao

    committee recommended the revival of Panchayati Raj Institutions such that greater

    responsibility of planning, implementation, and monitoring of rural development programmes

    could be assigned to them. L.M. Singhvi Committee recommended that the Panchayati Raj

    Iinstitutions should be constitutionally recognized and protected. New chapter in the

    constitution should be provided to define their powers and functions and free and fair election

    to be conducted through the election commission. Committee recommended for the

    appointment of finance commission and all the rural development programmes are entrusted

    to the Panchayati Raj Institutions by amending schedule VII of the constitution.

    Recent Trends in Panchayati Raj

    a) 73rd Amendment Act, 1992

    Following these circumstances, Rajiv Gandhi the then Prime Minister of India, introduced the

    64th Amendment bill on local government on the 15th May, 1989 in the Parliament, but it

    failed to get the required support. A second attempt was made in September 1990 to pass the

    bill in the Parliament. The bill however was not even taken up for consideration. In

    September 1991, a fresh bill on Panchayati Raj was introduced by the Congress government

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    under P. V Narasimha Rao, the then Prime Minister. It was passed in 1992 as the 73rd

    Amendment Act 1992 with minor modifications and came into force on 24thApril 1993.4

    The Salient Features of the Act are:

    1).The Act provided for the establishment of grama sabha in each village. It will be a body

    comprising of all the adult members registered as voters in the panchayat area. Three shall be

    a three-tier system of panchayat at village, intermediate and district levels.

    2).Smaller states with population below 20 Lakes will have option not to have intermediate

    level panchayat.Seats in panchayats at all three level shall be filled by direct election.

    In addition, the chairperson of the village panchayat can be made member of the panchayat at

    the intermediate level. MP, MLA, MLC, could also be member of panchayat at the

    intermediate and the district level.

    3).In all the panchayats, seats should be reserved for SCs and STs in proportion to their

    population and 1/3 of the total number of seats will be reserved for women. Offices of the

    chairperson of the panchayat at all levels shall be reserved in favour of SCs and STs in

    proportion in the state. One-third of the offices of chairperson of panchayats at all levels shall

    also be reserved for women.

    4).Legislature of the state shall be at liberty to provide reservation of seats and office of

    chairperson in panchayat in favour of backward class citizens.

    5).Panchayats shall have a uniform five year term and elections to constitute new bodies shall

    be completed before the expiry of term.

    6).In the event of dissolution, election will be compulsorily held within six months. The

    reconstituted panchayat will serve for remaining period of five year term. It will not be

    possible to dissolve the existing panchayats by amendment of any Act before the expiry of its

    duration.

    7).A person who is disqualified under any law, election to the legislature of the state or under

    any of the state will not be entitled to become a member of a panchayat.

    4Panchayati raj by Kuldeep Mathur

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    8).Independent election commission will be established in the state to

    superintendence,direction, and control of the electoral process and preparation of electoral

    rolls.

    9).Specific responsibilities will be entrusted to the panchayats to prepare plans for economic

    development and social justice in respect of matters listed in XI Schedule. For the

    implementation of development schemes, main responsibility will be entrusted to the

    panchayats.

    10).The panchayats will receive adequate funds for carrying out their plans. Grants from state

    government will constitute an important source of funding but state government is also

    expected to assign the revenue of certain taxes to the panchayats. In some cases, panchayat

    will also be permitted to collect and retain revenue it raises.

    11).In each state, finance commission will be established within one year and after every five

    years to determine principles on the basis of which adequate financial resource would be

    entrusted for panchayats.

    12).Panchayats existing on the 24th April 1993 will be allowed to complete their full term

    except when they are dissolved by the house by resolution5.

    The 73rd Amendment Act is an attempt to restructure the Panchayati Raj to reach the

    grassroot level. The bill for the first time gave constitutional status to Panchayati Raj

    institutions and it became mandatory on all state governments to implement it.

    This Amendment brought about uniformity in structure, composition, powers and functions

    of panchayats. It gave impetus to Panchayati Raj to promote function of law, social and

    economic development and improvement in living condition of rural India.

    The main criticism leveled against the Act is that these institutions are viewed as

    implementing agencies for developmental activities and that they are not given the status of

    decentralized political institutions. Criticism apart, the Act fulfilled the dream of

    constitutional status to Panchayati Raj Institutions and the state governments brought new

    legislations to implement it. It has been explained as the beginning of silent revolution. This

    Amendment for the first time in the history of Panchayati Raj Institutions gave opportunities

    for women in large numbers to enter local administration.

    5The Constitution (Seventy -Third Amendment) Act, 19 92, Government of India

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    Structure And Features of Panchayati Raj Institutions

    The structure of Panchayati Raj (PR) varies from state to state. Main structure and features of

    Panchayati raj institutions are as follows.

    a).The Three-tier System of Panchayat (Articles of 243A, B & C)

    The constitution amendment provides for a three-tier system of panchayat at village level,

    block/ taluk and district levels. Smaller states with population less than twenty lakhs may

    have their own option whether or not to keep the intermediate level. The panchayats would

    have the power of self-governance. There will be gram sabha in each villages comprising all

    the adult members registered as voters in the panchayat area.

    b).Power, Functions and Responsibilities (Articles 243 G & H)

    The legislature of each state, may by law, endow the panchayats with such powers and

    authority as may be necessary in order to enable them to function as institutes of self-

    government . They should be entrusted with powers and responsibilities so as to prepare ,

    plan and implement schemes for development and social justice in rural India. Specific

    responsibilities will be assigned for different tiers regarding the distribution of subjects listed

    in eleventh schedule. The amendment also calls for creation of a Fund specifically for

    panchayats (perhaps on the lines of consolidated fund of the state) so as to manage inflow and

    out flow of money dealt within that fund.

    c).State Finance commission (Article 243 I)

    Eacn state government should constitute a finance commission for every five years to review

    the financial position of the panchayats and suggest guidelines to state governments on the

    basis of which adequate financial resources could be provided to panchayats to carry out the

    development activities entrusted to them. The commission is also required to suggest

    measures for the improvement of financial position of the panchayats.

    d).Election to Panchayats ( Articles 243 E, F & K )

    All the three-tiers of the panchayats shall have direct election. Further, chair persons of the

    village panchayats can become members of intermediate/ block level panchayats and the

    chairpersons of the intermediate/ block level panchayats can become members of district

    panchayats. Members of Parliament, legislative assembly and councils could become

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    members of panchayats at the intermediate and district levels. But their functional status in

    the panchayat proceeding, voting etc. are left to be decided by the respective legislature of the

    states.

    Every state panchayat shall have a uniform tenure of five years and election to constitute a

    new body has to be completed before the expiry of the existing term. In the event of

    dissolution of panchayat, election will have to be conducted compulsorily within six months

    of dissolution. The reconstituted panchayat shall serve for the remaining period of the five

    years term.

    The state government shall appoint an independent Election Commission for

    superintendence, direction and control of electoral process and preparation of electoral rolls.

    e). Reservation of Seats in Panchayats (Article 243 D)

    In all panchayats , seats would be reserved for scheduled castes and scheduled tribes in

    proportion to their population . In the same way , the offices of the chair persons of the

    various tiers of panchayats wold also be reserved for them. Not less then one-third of the

    total number of reserved seats would be provided to women belonging to SCs and STs. One-

    third of the total number of seats will be reserved for women and in the same manner one-

    third of the offices of the chairpersons wold also reserved for women. The amendment

    .

    The System of Panchayati Raj as a Function of Law

    The passage of the 73rdConstitution Amendment Act,1992 is regarded as a milestone in

    opening up a new era in the federal democratic set up of the country. This act had gained

    importance due to the fact that it has provided a constitutional status and thus legitimacy for

    the PRIs. It would be relevant to examine the status of the PRIs after the 73rdConstitutional

    Amendment, 1992 in order to see as to how best the state governments have implemented the

    various provisions given in the act. The constitutional amendment has provided for

    implementation of some obligatory functions such as ;

    a).Devolution of Powers and Functions to PRIs

    According to Article 243(G) of the 73rdConstitutional Amendment Act, the State government

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    are required to devolve adequate powers and functions to PRIs in order to make them

    institutions of self-government. The PRIs have been assigned the responsibility of preparing

    plans for development and social justice.

    The Constitution reads, .the Legislature of the State may by law, endow the panchayats

    with such powers and authority as may be necessary to enable them to function as institutions

    of self-government and such law may contain provisions for the devolution of powers and

    responsibilities upon panchayats at the appropriate level, subject to such conditions as may be

    specified therein.

    The above provision has not clearly delineated the function and authority to devolve to PRIs

    and as such the state governments have enacted legislations according to their internal

    convenience.

    b).Devolution of Financial Resources and Powers

    Article 243 (H) and Article (I) of the constitution provide for the financial devolution to the

    PRIs. Article 243H empowers the State legislatures: (a) to authorize, by law, to levy, collect

    and appropriate specified taxes, duties, fees and tolls on panchayats; (b) to assign state taxes

    duties, fees and toll to panchayats for specific purposes; (c) to provide for making grants-in-

    aid to the panchayats from the consolidated fund of the state; and (d) to constitute specified

    funds for creating all moneys received by or on behalf of the panchayats and for their

    withdrawal. The above provisions endows the state governments with the discretionary

    powers to strengthen the finances of panchayats through aaignment of certain revenues

    powers to panchayats and sharing of state revenues with panchayats and providing grants-in-

    aid to them.

    Article 243(I) stipulates that the state governments should constitute a state finance

    commission within one year from the date of commencement of 73rdamendment act and at

    the expiry of every 5

    th

    year thereafter to review the financial position of the panchayats and tomake appropriate recommendations to improve their finances.

    c).District Planning Committee

    Under Article 243(ZO) of 74thconstitutional amendment act 1992, the state government are

    required to constitute District Planning Committee in order to facilitate the process of

    decentralized planning. The DPCs are supposed to prepare composite plans covering both

    urban and rural areas.

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    d) Gram Sabha

    Gram Sabha is considered as the centre of democratic power in the village. Under Article

    243(b) of the constitution, Gram Sabha is defined as a body consisting of all persons

    registered as voters in the electoral roll relating to the village within the area of the panchayat

    at the village level. Article 243(A) stipulates that Gram Sabha may exercise such powers and

    perform such functions at the village level as the legislature of a state may, by law, provide.

    The working group on decentralisation and Panchayati raj institutions has stated that Gram

    Sabha is not only an institution articulating the needs and aspirations of the community

    participation. Truly empowered Gram Sabha can prevent abuse of power by the panchayat.

    They could also assist the panchayats to implement development programmes. They could

    act as watchdog to protect community interests and maintain law and order.

    e).Conduct of Elections

    Through the 73rdamendment act, people were given the power of electing their own

    representatives in each level of Panchayati raj system. The constitution provides for

    panchayats at village, block and district level. Under Article 243(1) of the constitution,

    panchayt elections have to be conducted regularly every five years. Almost all the states to

    which Part IX of the constitution applies have constituted panchayats according to the new

    provisions excepting very few states.

    Part IX of the Constitution pertaining to formation of panchayats is not applicable to the

    states of Jammu & Kashmir, Hill areas of Manipuri, Meghalaya.

    Evaluation of Panchayati Raj

    The above structure and functions of all the Panchayati Raj bodies have been changing over

    the years. It has stimulated a spirit of self-help and popular participation to some extent

    among the rural people. The process of decision-making has come close to the rural people. It

    has also helped in development of a new democratic leadership at the local level. But, the

    competitive elections have politicized the atmosphere of all villages.

    This essence has even entered into the family circles also. It is alleged that panchayat

    elections have given birth to caste politics , communal politics and groupism and factionalism

    in the villages.

    It is also alleged that due to panchayat elections, a cold war atmosphere overcomes among

    various sections of the village people. Some studies made on the Panchayati Raj system

    revealed that functional tensions are on the increase and this can be seen during elections and

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    panchayat meetings.The so-called harmonious relations of the villages have almost vanished.

    People did not extend full cooperation from the core of their heart to the panchayats and as a

    result developmental activity has slowed down. Theoretically, the decisions had to be

    taken by the non-officials at all the three-tiers of the Panchayat Raj system, but in practice, itwas the government officials who used to take the decisions.

    The non-officials (Panch or Sarpanch) being illiterate and uneducated could not use their

    power. Most of the benefits of development programmes started by Panchayati Raj

    Institutions were cornered by the high castes and big peasants. The poor sections of society

    remained neglected as before. There was a great lack of coordination among the three-tiers.

    Thus, to conclude, it can be stated that the devolution of power to the people without

    mandatory development of character, training and capacity had been found to be a blasphemy

    in the functioning of democratic institutions in our country and there were apprehensions that

    this new step in democratic decentralization, designed to be blessing, would turn out to be a

    curse to the people in the villages.

    The success of the step more than anything else depended on the quality of elected

    representativePanchas and Sarpanchasof these institutions.No institutional change can

    bring about climatic change or strengthen the roots of democracy in this country, if it is

    divorced of the spirit behind it. In the absence of this basic change, which is a sine qua non to

    all other changes, we doubt, if institutional changes alone will take the country very far.

    In the beginning, responsibility for the planned development of the country through

    Community Development Programs and cooperative institutions was binding on the people

    who were expected to discharge them in Panchayati Raj Iinstitutions who were mostly

    uneducated and untrained mass of people. But there is a great change now in this condition.

    Obviously, such a step, though basic and pregnant with great possibilities to strengthen the

    roots of democracy, was troubled with grave risks, disappointments and failures in its

    traditional phase.

    The main objective behind the Panchayati Raj is that the people in the village should

    undertake the responsibilities of governing themselves and maintain law and order.

    Panchayati Raj is a real democratic political gear which would bring the masses into active

    political control from below, from the vast majority of the weaker, poor sections of rural

    India.

    People in the villages should actively participate in the development activities regarding

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    social justice, agriculture, irrigation, animal husbandry, public health, education, etc. In a

    nutshell, the whole idea of this scheme is based on the statement that rural development is

    for the rural people, of the rural people, and by the rural peoples themselves .

    It is based on self-help, as an old saying God help those who help themselves. This scheme

    of rural development confers on the rural people the power of decision-making regarding

    developmental activities. This is democracy at the grassroots. It will decentralize

    democracy. This system has got a very important role to play in the social, economic and

    cultural life of the village community of India.

    BIBLIOGRAPHY

    1. Panchayati Raj by Kuldeep Mathur.

    2. Panchayati Raj and Financial Resources by Dr S. Chandra Sekar.

    3.Studies In Jurisprudence and Legal Theory by Dr N.V. Paranjape.

    4.The Constitution (Seventy -Third Amendment) Act, 19 92, Government of India

    5. The Constitution of India by P.M. Bakshi.